GAYNOR BARRETT v. PROCURATOR FISCAL, DUMBARTON [1999] ScotHC 154 (10th June, 1999)

GAYNOR BARRETT v. PROCURATOR FISCAL, DUMBARTON [1999] ScotHC 154 (10th June, 1999)

There was no oppression or unfairness in the conduct of the justice, as no indication was given that the complainer was to be legally represented, the solicitor was offered an adjournment, and no prejudice was demonstrated or claimed at the time.

Source-derived case information.

Citation
[1999] ScotHC 154
Parties
Complainer: Gaynor Barrett; Respondent: Procurator Fiscal, Dumbarton
Jurisdiction
Scotland
Procedural Posture
Bill of Suspension / Appeal
Outcome
Bill of Suspension refused
Legal Topics
Breach of the Peace, Right to Legal Representation, Fair Trial, Judicial Conduct
Criminal Law Breach of the Peace Right to Legal Representation Fair Trial Judicial Conduct

Source-derived case record

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 1 Party arguments 2
Sign in to unlock

Parties

Gaynor Barrett

Complainer

Procurator Fiscal, Dumbarton

Respondent

Procedural Posture

Bill of Suspension / Appeal

Legal Issues

  1. 1 Whether the commencement of trial in absence of the complainer's solicitor constituted oppression or unfairness justifying suspension of conviction

Ratio Decidendi

There was no oppression or unfairness in the conduct of the justice, as no indication was given that the complainer was to be legally represented, the solicitor was offered an adjournment, and no prejudice was demonstrated or claimed at the time.

Court Disposition

Bill of Suspension refused

Orders

  • Refusal to pass the Bill of Suspension