Appeal in terms of section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 by Ryan Shields against HMA (High Court of Justiciary) [2025] HJAC 44 (14 September 2025)
The sheriff's procedure was procedurally improper and fundamentally unfair, as it failed to hold a proof on disputed matters and improperly interrogated the unrepresented appellant. Findings of breach and sentence were quashed.
- Citation
- [2025] HJAC 44
- Parties
- Appellant: Ryan Shields; Respondent: His Majesty's Advocate
- Jurisdiction
- Scotland
- Judgment Date
- 14 September 2025
- Procedural Posture
- Criminal Appeal / Appeal Against Findings of Breach of Supervised Release Order and Sentence
- Outcome
- appeal allowed; findings of breach and sentence quashed
- Legal Topics
- Supervised Release Order, Breach of Conditions, Procedural Fairness, Unrepresented Accused, Sentence Appeal
Case Brief
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Parties
Ryan Shields
Appellant
His Majesty's Advocate
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Findings of Breach of Supervised Release Order and Sentence
Legal Issues
- 1 Whether the sheriff's procedure in determining breach of supervised release order was fair and regular
- 2 Whether the findings of breach and sentence should be quashed
Ratio Decidendi
The sheriff's procedure was procedurally improper and fundamentally unfair, as it failed to hold a proof on disputed matters and improperly interrogated the unrepresented appellant. Findings of breach and sentence were quashed.
Court Disposition
appeal allowed; findings of breach and sentence quashed
Orders
- Findings of breach of supervised release order quashed
- Sentence of 9 months' imprisonment quashed
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