PROCURATOR FISCAL, LINLITHGOW v. JAMIE GRAHAM BORLAND [2000] ScotHC 25 (25th February, 2000)

PROCURATOR FISCAL, LINLITHGOW v. JAMIE GRAHAM BORLAND [2000] ScotHC 25 (25th February, 2000)

The court held that, in light of existing authorities, once a trial has formally commenced before a particular sheriff, all subsequent adjournments and procedures must be dealt with by that same sheriff, and there is no statutory warrant for a different sheriff to take over, even if no evidence has been led.

Source-derived case information.

Citation
[2000] ScotHC 25
Parties
Complainer: PROCURATOR FISCAL, Linlithgow; Respondent: JAMIE GRAHAM BORLAND
Jurisdiction
Scotland
Procedural Posture
Bill of Advocation / Appeal Against Sheriff's Decision on Competency to Hear Motions
Outcome
Appeal continued for further consideration by a bench of five judges.
Legal Topics
Summary Procedure, Adjournment of Trial, Competency of Sheriff, Commencement of Trial
Criminal Law Criminal Procedure Summary Procedure Adjournment of Trial Competency of Sheriff Commencement of Trial

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Parties

PROCURATOR FISCAL, Linlithgow

Complainer

JAMIE GRAHAM BORLAND

Respondent

Procedural Posture

Bill of Advocation / Appeal Against Sheriff's Decision on Competency to Hear Motions

Legal Issues

  1. 1 Whether a sheriff other than the one before whom a trial commenced can hear subsequent motions or adjournments in summary criminal proceedings
  2. 2 At what point does a summary trial 'commence' for the purposes of requiring the same sheriff to continue hearing the case

Ratio Decidendi

The court held that, in light of existing authorities, once a trial has formally commenced before a particular sheriff, all subsequent adjournments and procedures must be dealt with by that same sheriff, and there is no statutory warrant for a different sheriff to take over, even if no evidence has been led.

Court Disposition

Appeal continued for further consideration by a bench of five judges.

Orders

  • Appeal put out By Order for procedural questions to be discussed before five judges.