ANDREW STRAWBRIDGE & FREDERICK McKECHNIE & GORDON SHARPE v. PROCURATOR FISCAL, HAMILTON [2014] ScotHC HCJAC_32 (26 March 2014)

ANDREW STRAWBRIDGE & FREDERICK McKECHNIE & GORDON SHARPE v. PROCURATOR FISCAL, HAMILTON [2014] ScotHC HCJAC_32 (26 March 2014)

Specification of the locus by reference to road numbers and junctions, as part of a national system, is sufficiently precise to provide fair notice to the accused and to establish jurisdiction; omission of a town or place name does not render the complaint fundamentally null.

Source-derived case information.

Citation
[2014] ScotHC HCJAC_32
Parties
Appellant: Andrew Strawbridge; Appellant: Frederick McKechnie; Appellant: Gordon Sharpe; Respondent: Procurator Fiscal, Hamilton
Jurisdiction
Scotland
Judgment Date
26 March 2014
Procedural Posture
Criminal Appeal / Appeal Against Preliminary Plea Decision Under Section 174 of the Criminal Procedure (scotland) Act 1995
Outcome
appeal dismissed
Legal Topics
Specification of Locus, Jurisdiction, Road Traffic Offences, Nullity of Complaint
Criminal Law Criminal Procedure Specification of Locus Jurisdiction Road Traffic Offences Nullity of Complaint

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Parties

Andrew Strawbridge

Appellant

Frederick McKechnie

Appellant

Gordon Sharpe

Appellant

Procurator Fiscal, Hamilton

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Preliminary Plea Decision Under Section 174 of the Criminal Procedure (scotland) Act 1995

Legal Issues

  1. 1 Whether the complaint sufficiently specified the locus of the alleged offence to provide fair notice and establish jurisdiction
  2. 2 Whether omission of a town or place name rendered the complaint fundamentally null and incapable of amendment

Ratio Decidendi

Specification of the locus by reference to road numbers and junctions, as part of a national system, is sufficiently precise to provide fair notice to the accused and to establish jurisdiction; omission of a town or place name does not render the complaint fundamentally null.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed; Justice of the Peace decision affirmed.