BILL OF ADVOCATION BY HMA AGAINST DAVID CALLAGHAN [2022] ScotHC HCJAC_26 (23 July 2019)

BILL OF ADVOCATION BY HMA AGAINST DAVID CALLAGHAN [2022] ScotHC HCJAC_26 (23 July 2019)

The sheriff should have considered the merits of the application for a warrant as there were no exceptional circumstances requiring High Court involvement; evidence only came to light after indictment, justifying application to sheriff.

Citation
[2022] ScotHC HCJAC_26
Parties
Complainer: Her Majesty's Advocate; Respondent: David Callaghan
Jurisdiction
Scotland
Judgment Date
23 July 2019
Procedural Posture
Bill of Advocation / Appeal Against Summary Sheriff's Refusal to Grant Warrant
Outcome
Bill of Advocation passed; warrant granted.
Legal Topics
Search Warrant, Jurisdiction After Indictment, Exceptional Circumstances
Criminal Law Criminal Procedure Search Warrant Jurisdiction After Indictment Exceptional Circumstances

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Parties

Her Majesty's Advocate

Complainer

David Callaghan

Respondent

Procedural Posture

Bill of Advocation / Appeal Against Summary Sheriff's Refusal to Grant Warrant

Legal Issues

  1. 1 Whether the summary sheriff erred in refusing to consider the merits of the petition for a search warrant after indictment
  2. 2 Whether the application for a warrant should be made to the High Court or the sheriff

Ratio Decidendi

The sheriff should have considered the merits of the application for a warrant as there were no exceptional circumstances requiring High Court involvement; evidence only came to light after indictment, justifying application to sheriff.

Court Disposition

Bill of Advocation passed; warrant granted.

Orders

  • Warrant granted for police to take possession, move, and search the respondent's car for evidence material to the investigation.