IN APPEAL BY THE CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND v. DJR AND DDS [2014] ScotCS CSIH_8 (17 January 2014)

IN APPEAL BY THE CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND v. DJR AND DDS [2014] ScotCS CSIH_8 (17 January 2014)

Renewal or continuation of interim SOPOs does not require a separate summary application if the process is subsisting in the relevant sheriffdom; applications may be made by motion within the original process, provided fair notice is given and procedural requirements are met.

Citation
[2014] ScotCS CSIH_8
Parties
Pursuer and Appellant: Chief Constable of the Police Service of Scotland; Defender and Respondent: DJR; Defender and Respondent: DDS
Jurisdiction
Scotland
Judgment Date
17 January 2014
Procedural Posture
Civil Appeal / Appeal From Sheriff Principal
Outcome
appeals refused
Legal Topics
Sexual Offences Prevention Orders, Interim Orders, Summary Application Procedure
Criminal Law Civil Procedure Sexual Offences Prevention Orders Interim Orders Summary Application Procedure

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Parties

Chief Constable of the Police Service of Scotland

Pursuer and Appellant

DJR

Defender and Respondent

DDS

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Principal

Legal Issues

  1. 1 Whether renewal or continuation of interim Sexual Offences Prevention Orders (SOPOs) requires a separate summary application or can be made by motion in the original process
  2. 2 Interpretation of section 112(1)(f) of the Sexual Offences Act 2003

Ratio Decidendi

Renewal or continuation of interim SOPOs does not require a separate summary application if the process is subsisting in the relevant sheriffdom; applications may be made by motion within the original process, provided fair notice is given and procedural requirements are met.

Court Disposition

appeals refused

Orders

  • No separate summary application required for renewal or continuation of interim SOPOs within the same sheriffdom.
  • Interim SOPOs must specify fixed periods and expiry dates.