HER MAJESTY'S ADVOCATE AGAINST STUART RAE THOMSON [2014] ScotHC HCJ_107 (02 October 2014)

HER MAJESTY'S ADVOCATE AGAINST STUART RAE THOMSON [2014] ScotHC HCJ_107 (02 October 2014)

The extension of the 12 month time bar period was granted because the need for further defence enquiries into the complainer's social work and medical records constituted a good reason for the extension. The delays were not solely attributable to the Crown, as the defence could have acted more promptly. There was no breach of the Crown's disclosure obligations as the material in question was likely inadmissible collateral evidence.

Citation
[2014] ScotHC HCJ_107
Parties
Prosecutor: Her Majesty's Advocate; Accused: Stuart Rae Thomson
Jurisdiction
Scotland
Judgment Date
02 October 2014
Procedural Posture
Criminal / Application to Extend Statutory Time Bar Period Prior to Trial
Outcome
Application to extend the 12 month time bar period granted.
Legal Topics
Rape, Disclosure Obligations, Time Bar Extension, Sexual Offences (scotland) Act 2009, Criminal Procedure (scotland) Act 1995
Criminal Law Criminal Procedure Rape Disclosure Obligations Time Bar Extension Sexual Offences (scotland) Act 2009 Criminal Procedure (scotland) Act 1995

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Parties

Her Majesty's Advocate

Prosecutor

Stuart Rae Thomson

Accused

Procedural Posture

Criminal / Application to Extend Statutory Time Bar Period Prior to Trial

Legal Issues

  1. 1 Whether the Crown's application to extend the 12 month statutory time bar period should be granted
  2. 2 Whether delays in disclosure and case preparation were attributable to the Crown or the defence
  3. 3 Whether the Crown breached statutory or common law disclosure obligations

Ratio Decidendi

The extension of the 12 month time bar period was granted because the need for further defence enquiries into the complainer's social work and medical records constituted a good reason for the extension. The delays were not solely attributable to the Crown, as the defence could have acted more promptly. There was no breach of the Crown's disclosure obligations as the material in question was likely inadmissible collateral evidence.

Court Disposition

Application to extend the 12 month time bar period granted.

Orders

  • Continued preliminary hearing fixed for 23 June 2014 in the High Court at Edinburgh.
  • 12 month time bar period extended to expire on 23 June 2014.