McDonald v. Procurator Fiscal, Glasgow [2007] ScotHC HCJAC_58 (19 September 2007)

McDonald v. Procurator Fiscal, Glasgow [2007] ScotHC HCJAC_58 (19 September 2007)

Voluntary surrender to the court by the accused, after learning of the existence of a warrant, satisfies the statutory requirement for execution of the warrant under section 136(3) of the Criminal Procedure (Scotland) Act 1995, and the procurator fiscal's actions in seeking such a warrant were neither oppressive nor a breach of the complainer's human rights.

Citation
[2007] ScotHC HCJAC_58
Parties
Complainer: Kenneth McDonald; Respondent: Procurator Fiscal, Glasgow
Jurisdiction
Scotland
Judgment Date
19 September 2007
Procedural Posture
Bill of Suspension (criminal Appeal) / Appellate Judgment
Outcome
Bill of suspension refused
Legal Topics
Time Limits for Prosecution, Execution of Warrants, Oppression in Criminal Procedure, Articles 5, 8, And 9 ECHR
Criminal Law Human Rights Law Procedural Law Time Limits for Prosecution Execution of Warrants Oppression in Criminal Procedure Articles 5, 8, and 9 ECHR

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Parties

Kenneth McDonald

Complainer

Procurator Fiscal, Glasgow

Respondent

Procedural Posture

Bill of Suspension (criminal Appeal) / Appellate Judgment

Legal Issues

  1. 1 Whether voluntary surrender to court satisfies the requirement for execution of a warrant under section 136(3) of the Criminal Procedure (Scotland) Act 1995
  2. 2 Whether the procurator fiscal acted oppressively in seeking a warrant to apprehend rather than to cite
  3. 3 Whether the actions of the respondent breached Articles 5, 8, or 9 of the European Convention on Human Rights

Ratio Decidendi

Voluntary surrender to the court by the accused, after learning of the existence of a warrant, satisfies the statutory requirement for execution of the warrant under section 136(3) of the Criminal Procedure (Scotland) Act 1995, and the procurator fiscal's actions in seeking such a warrant were neither oppressive nor a breach of the complainer's human rights.

Court Disposition

Bill of suspension refused