Thomson v. Burns [2009] ScotHC HCJAC_45 (07 May 2009)

Thomson v. Burns [2009] ScotHC HCJAC_45 (07 May 2009)

The Crown had no police witness statements to disclose and provided all material information in its possession. There was no failure of disclosure, and no justification for deserting the diet simpliciter in advance of trial. The stipendiary magistrate failed to apply the correct legal test for pre-trial unfairness.

Citation
[2009] ScotHC HCJAC_45
Parties
Complainer: Lesley Thomson, Procurator Fiscal, Glasgow; Respondent: Lorraine Burns
Jurisdiction
Scotland
Judgment Date
07 May 2009
Procedural Posture
Bill of Advocation / Appeal Against Decision to Desert Diet Simpliciter in Summary Criminal Proceedings
Outcome
Appeal allowed; Bill of Advocation passed
Legal Topics
Disclosure Obligations, Fair Trial, Equality of Arms, Summary Procedure, European Convention on Human Rights Article 6
Criminal Law Human Rights Law Disclosure Obligations Fair Trial Equality of Arms Summary Procedure European Convention on Human Rights Article 6

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Parties

Lesley Thomson, Procurator Fiscal, Glasgow

Complainer

Lorraine Burns

Respondent

Procedural Posture

Bill of Advocation / Appeal Against Decision to Desert Diet Simpliciter in Summary Criminal Proceedings

Legal Issues

  1. 1 Whether the Crown failed in its duty of disclosure by not providing police witness statements
  2. 2 Whether desertion of the diet simpliciter was justified in advance of trial
  3. 3 Whether the respondent's right to a fair trial under Article 6 ECHR was breached

Ratio Decidendi

The Crown had no police witness statements to disclose and provided all material information in its possession. There was no failure of disclosure, and no justification for deserting the diet simpliciter in advance of trial. The stipendiary magistrate failed to apply the correct legal test for pre-trial unfairness.

Court Disposition

Appeal allowed; Bill of Advocation passed

Orders

  • Decision of stipendiary magistrate dated 4 December 2008 recalled
  • Case remitted to District Court with directions to fix a fresh diet of trial and proceed as accords