Case law Case 2023-08-22

Procedural posture

Final appeal on the construction of NSL sentencing provisions for incitement to secession.

Issues

  • NSL sentencing
  • mandatory minimum
  • Article 33 mitigation
  • statutory construction

Outcome

The Court of Final Appeal dismissed the appeal and held that the five-year minimum for serious Article 21 offences is mandatory unless Article 33 applies.

Comparative note

Compare this case with common-law treatment of national security evidence, jury limits, executive certificates, and fair-trial safeguards.

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