Hynd v. Procurator Fiscal [2002] ScotHC 52 (26 April 2002)

Hynd v. Procurator Fiscal [2002] ScotHC 52 (26 April 2002)

The Custody Statement, supported by DNA evidence linking the accused to the crime scenes, provided a sufficient basis for the sheriff to grant the warrant for imprisonment pending trial; the test for granting such a warrant was met.

Citation
[2002] ScotHC 52
Parties
Complainer: Norman Hynd; Respondent: Procurator Fiscal, Alloa
Jurisdiction
Scotland
Judgment Date
26 April 2002
Procedural Posture
Bill of Suspension / Appeal
Outcome
Bill refused
Legal Topics
Committal for Trial, Custody Statement, Sufficiency of Evidence, Bail
Criminal Law Committal for Trial Custody Statement Sufficiency of Evidence Bail

Case Brief

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Parties

Norman Hynd

Complainer

Procurator Fiscal, Alloa

Respondent

Procedural Posture

Bill of Suspension / Appeal

Legal Issues

  1. 1 Whether the Custody Statement provided a sufficient basis for granting a warrant to imprison the accused pending trial
  2. 2 Whether the sheriff was required to examine the strength of the Crown case at this stage

Ratio Decidendi

The Custody Statement, supported by DNA evidence linking the accused to the crime scenes, provided a sufficient basis for the sheriff to grant the warrant for imprisonment pending trial; the test for granting such a warrant was met.

Court Disposition

Bill refused

Orders

  • The Bill of Suspension is refused.