The Nobile Officium is a special legal power held by the Court of Session and the High Court of Justiciary, allowing them to provide a remedy or take action where there is no existing law or legal procedure to address an issue. It is essentially an extraordinary or equitable power used to fill gaps in the law and ensure justice is done.

The petitioner in this matter sought to suspend a warrant for his arrest following the rejection of his appeal against an 8-month prison sentence for theft by housebreaking. The petitioner had pled guilty to breaking into a house in September 2021 and stealing items worth £2,000. Due to prior convictions, including 15 offenses for dishonesty and 4 housebreakings, his sentence was reduced from 12 months for his early guilty plea. After his appeal was denied on 4 October 2023, a warrant was issued but not immediately executed due to administrative delays.

 The petitioner compared his case to two earlier cases (Beglan and Waugh), where delays in executing arrest warrants were deemed oppressive. However, the court found significant differences in the petitioner’s case, particularly his extensive criminal history. While there was some delay in executing the warrant, the court ruled that this did not amount to oppression. Therefore, the petition to suspend the warrant was refused.