Cummings & Anor v Procurator Fiscal Stirling [2012] ScotHC HCJAC_96 (15 June 2012)

Cummings & Anor v Procurator Fiscal Stirling [2012] ScotHC HCJAC_96 (15 June 2012)

A general requirement to refrain from committing any criminal offence is incompetent as a 'conduct requirement' under section 227W of the Criminal Procedure (Scotland) Act 1995 because the statute requires specificity and does not permit the imposition of the end (good behaviour or non-offending) as a requirement itself.

Citation
[2012] ScotHC HCJAC_96
Parties
Complainer: Cummings Kirk; Complainer: Andrew Hunter; Respondent: Procurator Fiscal Stirling
Jurisdiction
Scotland
Judgment Date
15 June 2012
Procedural Posture
Bills of Suspension / Appeal
Outcome
Bills of Suspension passed; impugned requirements suspended simpliciter.
Legal Topics
Community Payback Orders, Conduct Requirements, Sentencing, Statutory Interpretation
Criminal Law Community Payback Orders Conduct Requirements Sentencing Statutory Interpretation

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Parties

Cummings Kirk

Complainer

Andrew Hunter

Complainer

Procurator Fiscal Stirling

Respondent

Procedural Posture

Bills of Suspension / Appeal

Legal Issues

  1. 1 Whether a general requirement to refrain from committing any criminal offence can be imposed as a 'conduct requirement' under section 227W of the Criminal Procedure (Scotland) Act 1995 in a community payback order.

Ratio Decidendi

A general requirement to refrain from committing any criminal offence is incompetent as a 'conduct requirement' under section 227W of the Criminal Procedure (Scotland) Act 1995 because the statute requires specificity and does not permit the imposition of the end (good behaviour or non-offending) as a requirement itself.

Court Disposition

Bills of Suspension passed; impugned requirements suspended simpliciter.

Orders

  • The requirement in the community payback orders that the offenders refrain from committing any criminal offence for 12 months is suspended simpliciter.