JOHN MITCHELL v. PROCURATOR FISCAL, GLASGOW [1999] ScotHC 106 (11th May, 1999)

JOHN MITCHELL v. PROCURATOR FISCAL, GLASGOW [1999] ScotHC 106 (11th May, 1999)

The ratio of Handley v Pirie remains good law: a summary trial commences when the accused is called upon to plead at a trial diet and pleads not guilty, regardless of when the first witness is sworn. The sheriff erred in holding otherwise, and the forensic report was not served timeously.

Citation
[1999] ScotHC 106
Parties
Appellant: John Mitchell; Respondent: Procurator Fiscal, Glasgow
Jurisdiction
Scotland
Procedural Posture
Criminal Appeal (stated Case) / Appeal Against Conviction
Outcome
Appeal allowed
Legal Topics
Commencement of Summary Trial, Service of Forensic Report, Interpretation of Handley V Pirie, Time Limits in Criminal Procedure
Criminal Law Criminal Procedure Commencement of Summary Trial Service of Forensic Report Interpretation of Handley V Pirie Time Limits in Criminal Procedure

Case Brief

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Parties

John Mitchell

Appellant

Procurator Fiscal, Glasgow

Respondent

Procedural Posture

Criminal Appeal (stated Case) / Appeal Against Conviction

Legal Issues

  1. 1 When does a summary trial commence for the purposes of serving documents under criminal procedure?
  2. 2 Is Handley v Pirie still good law regarding the commencement of summary trials?

Ratio Decidendi

The ratio of Handley v Pirie remains good law: a summary trial commences when the accused is called upon to plead at a trial diet and pleads not guilty, regardless of when the first witness is sworn. The sheriff erred in holding otherwise, and the forensic report was not served timeously.

Court Disposition

Appeal allowed

Orders

  • Both questions answered in the affirmative
  • Forensic report held not timeously served