Procurator Fiscal, Aberdeen v RL [2015] ScotHC HCJAC_21 (27 March 2015)

Procurator Fiscal, Aberdeen v RL [2015] ScotHC HCJAC_21 (27 March 2015)

Section 300A applies to proceedings that were validly before the court when the irregularity occurred, permitting restoration even after the instance has fallen; the sheriff erred in refusing to entertain the Crown's motion.

Citation
[2015] ScotHC HCJAC_21
Parties
Complainer: Procurator Fiscal, Aberdeen; Respondent: RL
Jurisdiction
Scotland
Judgment Date
27 March 2015
Procedural Posture
Bill of Advocation / Appeal
Outcome
Bill of Advocation passed; sheriff's decision recalled.
Legal Topics
Procedural Irregularity, Restoration of Proceedings, Section 300 a Criminal Procedure (scotland) Act 1995
Criminal Law Criminal Procedure Procedural Irregularity Restoration of Proceedings Section 300 a Criminal Procedure (scotland) Act 1995

Case Brief

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Parties

Procurator Fiscal, Aberdeen

Complainer

RL

Respondent

Procedural Posture

Bill of Advocation / Appeal

Legal Issues

  1. 1 Whether section 300A of the Criminal Procedure (Scotland) Act 1995 permits restoration of proceedings after the instance has fallen due to a procedural irregularity

Ratio Decidendi

Section 300A applies to proceedings that were validly before the court when the irregularity occurred, permitting restoration even after the instance has fallen; the sheriff erred in refusing to entertain the Crown's motion.

Court Disposition

Bill of Advocation passed; sheriff's decision recalled.

Orders

  • Remit to the sheriff at Aberdeen Sheriff Court to proceed as accords.