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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> THOMSON, PETITION OF CHRISTOPHER JOHN THOMSON AGAINST LORD KEEN OF ELIE QC, ADVOCATE GENERAL FOR SCOTLAND AND THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2018] ScotCS CSOH_118 (12 December 2018)
URL: http://www.bailii.org/scot/cases/ScotCS/2018/[2018]_CSOH_118.html
Cite as: [2018] CSOH 118, 2018 GWD 40-485, [2018] ScotCS CSOH_118
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OUTER HOUSE, COURT OF SESSION
[2018] CSOH 118
P287/18
OPINION OF LORD MALCOLM
in the Petition of
CHRISTOPHER JOHN THOMSON
Petitioner
against
LORD KEEN OF ELIE QC, ADVOCATE GENERAL FOR SCOTLAND,
as representative of the UK government in Scotland
First Respondent
and
THE SCOTTISH MINISTERS
Second Respondents
for judicial review of decisions of the UK and Scottish governments concerning the
extradition forum bar provisions of section 50 of, and schedule 20 to, the Crime and Courts
Act 2013
Petitioner: O’Neill QC, Mackintosh; Balfour + Manson LLP
First Respondent: Webster QC; Office of the Advocate General
Second Respondents: Johnston QC, O’Neill (sol adv); Scottish Government Legal Directorate
12 December 2018
[1] This petition for judicial review was heard at the same time as a petition brought by
James Craig. They are based on a complaint that the UK government has failed to
commence in Scotland the extradition forum bar provisions in section 50 of, and schedule 20
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2
to, the Crime and Courts Act 2013. Both petitioners are challenging extradition requests
made by the government of the USA. For the reasons given in the contemporaneous
opinion in Mr Craig’s petition, decree of declarator will be pronounced in Mr Thomson’s
petition to the effect that, in its continuing failure to bring into force in Scotland the
extradition forum bar provisions in section 50 of, and schedule 20 to, the Crime and Courts
Act 2013, the UK government is acting unlawfully, and contrary to its duties under
section 61 of the Act. The other orders sought will be refused on the same basis and for the
same reasons as expressed in the other opinion.