PROCURATOR FISCAL, LINLITHGOW v. JAMIE BORLAND [2000] ScotHC 48 (7th April, 2000)

PROCURATOR FISCAL, LINLITHGOW v. JAMIE BORLAND [2000] ScotHC 48 (7th April, 2000)

The commencement of a summary trial occurs when the first witness is sworn, not when a plea is tendered or adhered to at the trial diet. Therefore, it was competent for Sheriff Fleming to deal with the motions before him at the intermediate diet, as no evidence had been led. Sheriff Fleming's contrary decision was in error.

Citation
[2000] ScotHC 48
Parties
Complainer: Procurator Fiscal, Linlithgow; Respondent: Jamie Graham Borland
Jurisdiction
Scotland
Procedural Posture
Crown Bill of Advocation / Appeal From Sheriff Court Decision Regarding Competency to Hear Motions at Intermediate Diet
Outcome
Bill passed; Sheriff Fleming's decision recalled; case remitted to Sheriff Fleming to proceed as accords.
Legal Topics
Summary Procedure, Commencement of Trial, Competency of Sheriff, Adjournment, Plea Procedure
Criminal Law Criminal Procedure Summary Procedure Commencement of Trial Competency of Sheriff Adjournment Plea Procedure

Case Brief

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Parties

Procurator Fiscal, Linlithgow

Complainer

Jamie Graham Borland

Respondent

Procedural Posture

Crown Bill of Advocation / Appeal From Sheriff Court Decision Regarding Competency to Hear Motions at Intermediate Diet

Legal Issues

  1. 1 When does a summary trial in Scotland commence for procedural purposes?
  2. 2 Is it competent for a sheriff other than the one before whom a plea was tendered to hear motions at a subsequent intermediate diet if no evidence has been led?

Ratio Decidendi

The commencement of a summary trial occurs when the first witness is sworn, not when a plea is tendered or adhered to at the trial diet. Therefore, it was competent for Sheriff Fleming to deal with the motions before him at the intermediate diet, as no evidence had been led. Sheriff Fleming's contrary decision was in error.

Court Disposition

Bill passed; Sheriff Fleming's decision recalled; case remitted to Sheriff Fleming to proceed as accords.

Orders

  • Recall of Sheriff Fleming's decision of 1 December 1999.
  • Remit case to Sheriff Fleming to proceed as accords.