STEPHEN HOUSE, QPM, CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND AGAINST DD [2014] ScotSC 27 (06 June 2014)

STEPHEN HOUSE, QPM, CHIEF CONSTABLE OF THE POLICE SERVICE OF SCOTLAND AGAINST DD [2014] ScotSC 27 (06 June 2014)

A separate summary application for renewal of an interim SOPO is not required where the main application subsists in the same sheriffdom; renewal should be sought by motion. On the merits, given the existing bail and probation conditions providing similar protection, it is not just or necessary to grant a renewed interim SOPO at this time.

Citation
[2014] ScotSC 27
Parties
Pursuer: Stephen House, QPM, Chief Constable of the Police Service of Scotland; Defender: DD
Jurisdiction
Scotland
Judgment Date
06 June 2014
Procedural Posture
Summary Application (interim Sexual Offences Prevention Order) / Interlocutory Decision on Interim Order and Renewal Application
Outcome
Application for renewal of interim SOPO dismissed; motion for interim SOPO in main application refused.
Legal Topics
Sexual Offences Prevention Orders, Interim Orders, Renewal of Orders, Competency of Applications, Bail Conditions, Probation Orders
Criminal Law Public Protection Civil Procedure Sexual Offences Prevention Orders Interim Orders Renewal of Orders Competency of Applications Bail Conditions +1 more

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Parties

Stephen House, QPM, Chief Constable of the Police Service of Scotland

Pursuer

DD

Defender

Procedural Posture

Summary Application (interim Sexual Offences Prevention Order) / Interlocutory Decision on Interim Order and Renewal Application

Legal Issues

  1. 1 Whether a separate summary application is required for renewal of an interim SOPO after expiry
  2. 2 Whether it is just and necessary to grant a renewed interim SOPO given existing bail and probation conditions

Ratio Decidendi

A separate summary application for renewal of an interim SOPO is not required where the main application subsists in the same sheriffdom; renewal should be sought by motion. On the merits, given the existing bail and probation conditions providing similar protection, it is not just or necessary to grant a renewed interim SOPO at this time.

Court Disposition

Application for renewal of interim SOPO dismissed; motion for interim SOPO in main application refused.

Orders

  • Summary application for renewal dismissed.
  • Motion for interim SOPO in main application refused.