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17 J. Crim. L. 352 (1953)
In the Scottish Courts

handle is hein.journals/jcriml17 and id is 364 raw text is: In the Scottish Courts DEPORTATION ORDER-STATELESS PERSON-NOBILE OFFICIUiM Haimovici, Petr. (1953 S.L. T. (Notes) 49) THE High Court of Justiciary, the supreme criminal court in Scotland-and there is, of course, no appeal in criminal matters to the House of Lords from the decision of a Scottish court-possesses a peculiar power known as its nobile officium. The nature and extent of this power are not easy to define, but it enables the court to deal with an extraordinary situation by exercising what can only be described as an inherent prerogative. The case now reported provides an interesting illustration of an appeal to this unique and inherent power. In April of this year, Pinchas Haimovici, an alien of Rumanian nationality and a Jew, presented to the High Court a petition in which he averred, inter alia, that on 22nd December 1952 he landed in the United Kingdom at Tynemouth, having come from Oslo; that nine days later he voluntarily surrendered to the Edinburgh Police ; that he was arrested and charged with two contraventions of the Aliens Order, 1920 ; that he admittedthe charges and that the sheriff before whom he was prosecuted, after sundry adjournments, admonished him on 13th March and released him, declining to make an order for deportation; that he was immediately re-arrested on the Orders of the Home Secretary, who purported to act under the Aliens Order, 1920; that he was reconveyed to Edinburgh Prison; and that he had remained in custody ever since. No crimrinal charge had, since his re-arrest, been preferred against him; no warrant for his detention had been issued by any Scottish court; and he had now reason to believe that the Home Secretary intended to make a deportation order against him under Article 12 of the Order of 1920. Despite his Rumanian nationality, the Rumanian government had refused to grant him a passport-for the reason that he would not sign a

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