BILL OF ADVOCATION BY CONNIE LEE GRAHAM AGAINST HIS MAJESTY'S ADVOCATE [2022] ScotHC HCJAC_36 (14 September 2022)

Section 45 does not prevent a summary sheriff from adjourning a sentencing diet or making administrative procedural decisions in solemn proceedings; the orders made were competent.

Source-derived case information.

Citation: [2022] ScotHC HCJAC_36
Parties: Complainer: Connie Lee Graham; Respondent: His Majesty's Advocate
Jurisdiction: Scotland
Judgment Date: 14 September 2022
Procedural Posture: Bill of Advocation / Appeal Against Summary Sheriff's Administrative Decisions
Outcome: Bill refused
Legal Topics: Summary Sheriff Powers, Bail, Adjournment of Diets, Solemn Proceedings

Criminal Law Court Procedure Summary Sheriff Powers Bail Adjournment of Diets Solemn Proceedings

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Parties

Connie Lee Graham

Complainer

His Majesty's Advocate

Respondent

Procedural Posture

Bill of Advocation / Appeal Against Summary Sheriff's Administrative Decisions

Legal Issues

1 Whether summary sheriff had power to continue a sentencing diet in solemn proceedings
2 Whether refusal of bail and continuation orders were incompetent under section 45 of Courts Reform (Scotland) Act 2014

Ratio Decidendi

Section 45 does not prevent a summary sheriff from adjourning a sentencing diet or making administrative procedural decisions in solemn proceedings; the orders made were competent.

Court Disposition

Bill refused

Orders

Bill of Advocation refused

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