Chilcott v Procurator Fiscal, Stonehaven [2010] ScotHC HCJAC_106 (22 October 2010)

Chilcott v Procurator Fiscal, Stonehaven [2010] ScotHC HCJAC_106 (22 October 2010)

The appeal raises a conflict between authorities as to whether section 144(8) precludes a plea of want of citation where there has been no citation at all, and whether a plea of not guilty cures the lack of citation. The matter is referred to a larger bench for clarification.

Citation
[2010] ScotHC HCJAC_106
Parties
Appellant: Christopher Chilcott; Respondent: Stephen McGowan
Jurisdiction
Scotland
Judgment Date
22 October 2010
Procedural Posture
Criminal Appeal / Appeal Against Decision on Competency of Proceedings
Outcome
Appeal referred to a larger bench for determination.
Legal Topics
Citation and Service of Complaint, Competency of Proceedings, Interpretation of Criminal Procedure (scotland) Act 1995 Section 144(8)
Criminal Law Criminal Procedure Citation and Service of Complaint Competency of Proceedings Interpretation of Criminal Procedure (scotland) Act 1995 Section 144(8)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Christopher Chilcott

Appellant

Stephen McGowan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Decision on Competency of Proceedings

Legal Issues

  1. 1 Whether proceedings are competent where there has been no service of the complaint on the accused
  2. 2 Whether section 144(8) of the Criminal Procedure (Scotland) Act 1995 precludes a plea of want of citation where no citation has occurred
  3. 3 Whether previous plea of not guilty cures lack of citation

Ratio Decidendi

The appeal raises a conflict between authorities as to whether section 144(8) precludes a plea of want of citation where there has been no citation at all, and whether a plea of not guilty cures the lack of citation. The matter is referred to a larger bench for clarification.

Court Disposition

Appeal referred to a larger bench for determination.

Orders

  • The appeal is referred to a larger bench for clarification of the law.