Lord Advocate Petitioner [1910] ScotLR 671 (03 June 1910)

Lord Advocate Petitioner [1910] ScotLR 671 (03 June 1910)

The Court granted the petition because the safe custody of the document could be ensured by lodging it with the Clerk of Justiciary, and the ends of justice required that the accused have access to the document in the criminal proceedings.

Citation
[1910] ScotLR 671
Parties
Petitioner: Lord Advocate; Accused: Francis Lamond Lowson
Jurisdiction
Scotland
Judgment Date
03 June 1910
Procedural Posture
Petition / Application for Production of Document Prior to Criminal Trial
Outcome
petition granted
Legal Topics
Production of Documents, Public Records, Criminal Trial Procedure
Criminal Law Procedure Production of Documents Public Records Criminal Trial Procedure

Case Brief

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Parties

Lord Advocate

Petitioner

Francis Lamond Lowson

Accused

Procedural Posture

Petition / Application for Production of Document Prior to Criminal Trial

Legal Issues

  1. 1 Whether the Court of Session can grant a warrant for the production and delivery of a public record (a will) to the Clerk of Justiciary for use in a criminal trial

Ratio Decidendi

The Court granted the petition because the safe custody of the document could be ensured by lodging it with the Clerk of Justiciary, and the ends of justice required that the accused have access to the document in the criminal proceedings.

Court Disposition

petition granted

Orders

  • Warrant granted to the Keeper of the Records to deliver the will to the Clerk of Justiciary for use in the criminal proceedings.