CW v. PROCURATOR FISCAL, GLASGOW [2016] ScotSAC Crim 11 (10 February 2016)

The court held that the sheriff failed to adequately assess the individual circumstances of the appellant and the statutory criteria for bail, resulting in an error of law.

Citation: [2016] ScotSAC Crim 11
Parties: Appellant: CW; Respondent: Procurator Fiscal, Glasgow
Jurisdiction: Scotland
Judgment Date: 10 February 2016
Procedural Posture: Criminal Appeal / Appeal
Outcome: appeal allowed
Legal Topics: Bail, Appeal Procedure

Criminal Law Bail Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Procurator Fiscal, Glasgow

Respondent

Procedural Posture

Criminal Appeal / Appeal

Legal Issues

1 Whether the sheriff erred in refusing bail to the appellant

Ratio Decidendi

The court held that the sheriff failed to adequately assess the individual circumstances of the appellant and the statutory criteria for bail, resulting in an error of law.

Court Disposition

appeal allowed

Orders

bail granted to the appellant