Chilcot v Procurator Fiscal, Stonehaven [2012] ScotHC HCJAC_7 (17 January 2012)

Chilcot v Procurator Fiscal, Stonehaven [2012] ScotHC HCJAC_7 (17 January 2012)

The proceedings were validly commenced on 3 November 2009 when the appellant answered the complaint by tendering a plea of not guilty, regardless of the absence of citation; section 145A permits adjournment and valid commencement without prior citation.

Citation
[2012] ScotHC HCJAC_7
Parties
Appellant: Christopher Chilcott; Respondent: Procurator Fiscal, Stonehaven
Jurisdiction
Scotland
Judgment Date
17 January 2012
Procedural Posture
Criminal Appeal / Appeal Under Section 174 of the Criminal Procedure (scotland) Act 1995
Outcome
appeal refused
Legal Topics
Summary Prosecution, Time Bar, Commencement of Proceedings, Citation, Adjournment
Criminal Law Criminal Procedure Summary Prosecution Time Bar Commencement of Proceedings Citation Adjournment

Case Brief

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Parties

Christopher Chilcott

Appellant

Procurator Fiscal, Stonehaven

Respondent

Procedural Posture

Criminal Appeal / Appeal Under Section 174 of the Criminal Procedure (scotland) Act 1995

Legal Issues

  1. 1 Whether summary proceedings were validly commenced within the statutory time limit despite lack of citation
  2. 2 Whether citation is an essential requirement for commencement of summary prosecution
  3. 3 Effect of section 145A of the Criminal Procedure (Scotland) Act 1995 on adjournment and commencement

Ratio Decidendi

The proceedings were validly commenced on 3 November 2009 when the appellant answered the complaint by tendering a plea of not guilty, regardless of the absence of citation; section 145A permits adjournment and valid commencement without prior citation.

Court Disposition

appeal refused