Hamid v Procurator Fiscal, Glasgow [2012] ScotHC HCJAC_101 (26 June 2012)

Hamid v Procurator Fiscal, Glasgow [2012] ScotHC HCJAC_101 (26 June 2012)

The petitioner failed to provide a satisfactory explanation for the use of the address, lack of objection to it, or failure to communicate with agents; the circumstances do not merit the extraordinary remedy of the nobile officium.

Citation
[2012] ScotHC HCJAC_101
Parties
Petitioner: Adeel Hamid; Respondent: Procurator Fiscal, Glasgow
Jurisdiction
Scotland
Judgment Date
26 June 2012
Procedural Posture
Petition to the Nobile Officium / Application for Warrant for Intimation of Petition
Outcome
Petition refused
Legal Topics
Nobile Officium, Bail Conditions, Domicile of Citation, Procedural Default
Criminal Law Appellate Procedure Nobile Officium Bail Conditions Domicile of Citation Procedural Default

Case Brief

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Parties

Adeel Hamid

Petitioner

Procurator Fiscal, Glasgow

Respondent

Procedural Posture

Petition to the Nobile Officium / Application for Warrant for Intimation of Petition

Legal Issues

  1. 1 Whether the petitioner provided sufficient explanation for failure to appear at appeal diet
  2. 2 Whether circumstances justify exercise of the nobile officium to suspend the warrant

Ratio Decidendi

The petitioner failed to provide a satisfactory explanation for the use of the address, lack of objection to it, or failure to communicate with agents; the circumstances do not merit the extraordinary remedy of the nobile officium.

Court Disposition

Petition refused

Orders

  • Warrant for intimation of petition refused