Gordon & Anor v. Procurator Fiscal Dundee [2007] ScotHC HCJAC_45 (27 July 2007)

Gordon & Anor v. Procurator Fiscal Dundee [2007] ScotHC HCJAC_45 (27 July 2007)

The term 'charged' in section 9(3)(b) of the 2004 Act refers only to charges in proceedings at the instance of the Crown, not to charges made by the police. Therefore, the Crown is not barred from prosecuting under section 9(1) solely because the police previously charged the accused with both breach of the peace and a contravention of section 9(1) arising from the same facts.

Citation
[2007] ScotHC HCJAC_45
Parties
Appellant: John Gordon; Appellant: Donald Conway; Respondent: Procurator Fiscal, Dundee
Jurisdiction
Scotland
Judgment Date
27 July 2007
Procedural Posture
Criminal Appeal / Appeal Against Sheriff's Decision on Competency of Charge
Outcome
appeals refused
Legal Topics
Antisocial Behaviour Orders, Double Jeopardy, Crown Discretion, Statutory Construction
Criminal Law Statutory Interpretation Antisocial Behaviour Orders Double Jeopardy Crown Discretion Statutory Construction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

John Gordon

Appellant

Donald Conway

Appellant

Procurator Fiscal, Dundee

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sheriff's Decision on Competency of Charge

Legal Issues

  1. 1 Whether a police charge constitutes being 'charged' under section 9(3)(b) of the Antisocial Behaviour etc. (Scotland) Act 2004, thereby barring subsequent prosecution by the Crown for the same conduct under section 9(1).

Ratio Decidendi

The term 'charged' in section 9(3)(b) of the 2004 Act refers only to charges in proceedings at the instance of the Crown, not to charges made by the police. Therefore, the Crown is not barred from prosecuting under section 9(1) solely because the police previously charged the accused with both breach of the peace and a contravention of section 9(1) arising from the same facts.

Court Disposition

appeals refused

Orders

  • remit both cases to the sheriff to proceed as accords