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Scotland decisions
Decisions matching the current search
NOT OF APPEAL BY TB AGAINST HMA [2023] ScotHC HCJAC_22 (17 February 2023)
The Appeal Court refused TB’s appeal against a retrospective extension of the time bar for trial, holding that the interests of justice justified letting the case proceed.
RW v HM Advocate [2017] ScotHC HCJAC_17 (20 March 2017)
The Appeal Court set aside a sheriff’s ex proprio motu adjournment and time-bar extension, saying the full case history and delay caused by the Crown were not properly weighed.
Potts v HM Advocate [2015] ScotHC HCJAC_124 (10 December 2015)
The Appeal Court refused a Crown extension of the 12-month time limit, holding that the delay arose from an avoidable breakdown in procurator fiscal administration.
Walker v The Procurator Fiscal, Edinburgh [2015] ScotHC HCJAC_119 (02 December 2015)
The Appeal Court refused a Bill of Advocation challenging a Justice of the Peace’s decision to adjourn and partly hear a trial, finding no error in discretion.
Lamb v Procurator Fiscal, Hamilton [2014] ScotHC HCJAC_138 (24 December 2014)
The Appeal Court refused a bill of advocation against a sheriff’s decision to adjourn a criminal trial again, finding no error in the exercise of discretion.
MacDonald v HM Advocate [2014] ScotHC HCJAC_121 (17 December 2014)
Appeal against extension of the statutory time bar in a criminal case refused. The court held that unforeseen live-link technical failure justified the adjournment.
BILLS OF ADVOCATE BY HARUN AKHTAR AND NOTHERS [2014] ScotHC HCJAC_80 (23 July 2014)
Appeal Court quashed a sheriff’s ex proprio motu adjournment of a criminal trial and refusal to proceed within the assize, holding the time-bar extension was unjustified.
CROWN APPEAL BY HER MAJESTY'S ADVOCE v. M.S.W. [2014] ScotHC HCJAC_47 (27 January 2014)
The Appeal Court reversed a refusal to extend the time bar after adjourning a sexual-offence trial, holding the sheriff’s decisions were inconsistent.
Donaldson v Procurator Fiscal, Elgin [2012] ScotHC HCJAC_136 (11 December 2012)
The court held that a trial adjournment had been predetermined administratively, unlawfully fettering judicial discretion and denying a proper hearing.
GRAEME ROBERTSON v. PROCURATOR FISCAL LIVINGSTON [2012] ScotHC HCJAC_169 (04 December 2012)
The Appeal Court refused a bill of advocation against an adjournment of a summary trial, holding the sheriff had considered prejudice to the complainer and the public interest.
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