PROCURATOR FISCAL, LINLITHGOW v. GARY JOHN JOHNSTONE and DAVID MICHAEL GUNN [1999] ScotHC 243 (11th November, 1999)

PROCURATOR FISCAL, LINLITHGOW v. GARY JOHN JOHNSTONE and DAVID MICHAEL GUNN [1999] ScotHC 243 (11th November, 1999)

Sheriff Ross erred in deciding on adjustments to devolution minutes; such matters must be referred to the trial sheriff, and the proper course is for the trial diet to be discharged.

Citation
[1999] ScotHC 243
Parties
Complainer: Procurator Fiscal, Linlithgow; Respondent: Gary John Johnstone; Respondent: David Michael Gunn
Jurisdiction
Scotland
Procedural Posture
Bill of Advocation / Appeal
Outcome
Bill of Advocation passed; first and second pleas-in-law for the complainer repelled; third plea-in-law sustained.
Legal Topics
Devolution Issues, Jurisdiction of Trial Sheriff, Procedural Propriety
Criminal Law Constitutional Law Devolution Issues Jurisdiction of Trial Sheriff Procedural Propriety

Case Brief

Summary, issues, holding and outcome

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Parties

Procurator Fiscal, Linlithgow

Complainer

Gary John Johnstone

Respondent

David Michael Gunn

Respondent

Procedural Posture

Bill of Advocation / Appeal

Legal Issues

  1. 1 Whether a devolution issue can be dealt with by a sheriff who is not the trial sheriff
  2. 2 Whether the respondents should be allowed to adjust their minutes

Ratio Decidendi

Sheriff Ross erred in deciding on adjustments to devolution minutes; such matters must be referred to the trial sheriff, and the proper course is for the trial diet to be discharged.

Court Disposition

Bill of Advocation passed; first and second pleas-in-law for the complainer repelled; third plea-in-law sustained.

Orders

  • Case remitted to Temporary Sheriff Alexander to deal with the present case in light of the court's opinions