HER MAJESTY'S ADVOCATE v. ALLAN SELFRIDGE and ANGELA HELEN BAIN [1999] ScotHC 197 (4th August, 1999)
The inclusion of evidential information in the petition does not render it incompetent or prejudicial; it enhances judicial scrutiny and safeguards for accused persons. The sheriff erred in upholding the submission for the respondents and dismissing the petition.
- Citation
- [1999] ScotHC 197
- Parties
- Complainer: Procurator Fiscal, Hamilton; Respondent: Allan Selfridge; Respondent: Angela Helen Bain
- Jurisdiction
- Scotland
- Procedural Posture
- Bill of Advocation / Appeal Against Sheriff's Decision
- Outcome
- bill of advocation passed
- Legal Topics
- Competency of Petition, Inclusion of Evidential Information, Bail Procedure, European Convention on Human Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Procurator Fiscal, Hamilton
Complainer
Allan Selfridge
Respondent
Angela Helen Bain
Respondent
Procedural Posture
Bill of Advocation / Appeal Against Sheriff's Decision
Legal Issues
- 1 Whether inclusion of evidential information in petition renders it incompetent or prejudicial
- 2 Whether such information affects bail decisions
- 3 Compatibility with statutory forms and human rights legislation
Ratio Decidendi
The inclusion of evidential information in the petition does not render it incompetent or prejudicial; it enhances judicial scrutiny and safeguards for accused persons. The sheriff erred in upholding the submission for the respondents and dismissing the petition.
Court Disposition
bill of advocation passed
Orders
- Remit to the Sheriff to proceed as accords
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