CROWN BILL OF ADVOCATION AT THE INSTANCE OF PROCURATOR FISCAL DUNDEE v PHP [2019] ScotSAC Crim 7 (08 August 2019)
The court held that the sheriff failed to properly consider the Crown's motion for bail revocation, amounting to a procedural irregularity warranting intervention.
- Citation
- [2019] ScotSAC Crim 7
- Parties
- Applicant: Procurator Fiscal Dundee; Respondent: PHP
- Jurisdiction
- Scotland
- Judgment Date
- 08 August 2019
- Procedural Posture
- Criminal / Appeal
- Outcome
- appeal allowed
- Legal Topics
- Bill of Advocation, Bail, Procedural Irregularity
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Parties
Procurator Fiscal Dundee
Applicant
PHP
Respondent
Procedural Posture
Criminal / Appeal
Legal Issues
- 1 Whether the sheriff erred in refusing the Crown's motion for bail revocation
- 2 Whether procedural irregularity occurred in the bail hearing
Ratio Decidendi
The court held that the sheriff failed to properly consider the Crown's motion for bail revocation, amounting to a procedural irregularity warranting intervention.
Court Disposition
appeal allowed
Orders
- Sheriff's decision set aside
- Case remitted to sheriff for reconsideration of bail
Full Case Text
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