Martin v Most
An Act of the Scottish Parliament increasing sheriffs' sentencing powers was within competence even though it affected sentences for reserved road traffic offences.
Facts
The Criminal Proceedings etc (Reform) (Scotland) Act 2007, passed by the Scottish Parliament, increased the maximum sentence that a sheriff sitting without a jury could impose from six months to twelve months' imprisonment. Mr Martin was convicted of driving while disqualified, an offence under the Road Traffic Act 1988, which is a reserved matter under the Scotland Act 1998, and was sentenced to twelve months. He argued that the 2007 Act was outside the Scottish Parliament's competence so far as it applied to road traffic offences.
Legal principle
The Supreme Court held, by a majority of three to two, that the Act was within the Parliament's competence. The purpose of the provision was to reform the criminal justice system in Scotland by reducing the burden on higher courts, which was a devolved matter, and any effect on reserved road traffic offences was incidental. The provision related to the devolved matter of the procedure and jurisdiction of Scottish courts, not to the reserved matter of road traffic. The case illustrates the approach to deciding whether a provision relates to a reserved matter under the Scotland Act 1998.
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