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

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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