MILNE v LILBURN [2016] ScotSAC Crim 26 (26 July 2016)

The court held that the sheriff had properly considered the statutory criteria and imposed appropriate conditions; there was no error in the exercise of discretion in granting bail.

Citation: [2016] ScotSAC Crim 26
Parties: Appellant: Milne; Respondent: Lilburn
Jurisdiction: Scotland
Judgment Date: 26 July 2016
Procedural Posture: Criminal Appeal / Appeal
Outcome: appeal dismissed
Legal Topics: Bail, Appeal Procedure

Criminal Law Bail Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Milne

Appellant

Lilburn

Respondent

Procedural Posture

Criminal Appeal / Appeal

Legal Issues

1 Whether the sheriff erred in granting bail to the respondent
2 Whether the conditions imposed were sufficient to address the risks identified

Ratio Decidendi

The court held that the sheriff had properly considered the statutory criteria and imposed appropriate conditions; there was no error in the exercise of discretion in granting bail.

Court Disposition

appeal dismissed

Orders

Bail conditions to remain as imposed by the sheriff