HER MAJESTY'S ADVOCATE v. KENNETH ANTHONY PATON MILLS and JOHN COCHRANE

[1] The appellant was charged that on 27 June 1996, he drove a car at a police officer and caused it to strike him, drove at excessive speed, tried to dislodge the officer, and caused him to be thrown from the car against a wall, to his injury and danger of life. The appellant was convicted, after trial, on 17 October 1996. On 7 November 1996, he was sentenced to detention for eight and a half years, six months of which was attributable to the fact that the appellant had been on bail at the time of commission of the offence on a bail order dating from 31 May 1996.

[9] As we have mentioned, section 57(2) provides that a member of the Scottish Executive has no power to do any act so far as it is incompatible with any of the Convention rights. Sub-section 3 of section 57 makes an exception for certain acts of the Lord Advocate, thereby emphasising that, in other respects, the Lord Advocate is subject to the rule of sub-section 2. Sub-section 3 is not relevant in any way in the present case.

[18] Devolution issues are defined in paragraph 1 of the Schedule 6 to the Scotland Act 1998. By paragraph 1(d), devolution issues include "a question whether a purported or proposed exercise of a function by a member of the Scottish Executive is, or would be, incompatible with any of the Convention Rights or with community law". Paragraph 1(e) is in similar terms in relation to failures to act by members of the Scottish Executive. Paragraph 5 of Schedule 6 provides:

"Intimation of any devolution issue which arises in any proceedings before a court or tribunal shall be given to the Advocate General and the Lord Advocate (unless the person to whom the intimation would be given is a party to the proceedings)."