Archer v Procurator Fiscal, Glasgow

Criminal procedure – Trial diet – Adjournment. Sheriff Appeal Court: Passing a Bill of Advocation in which the complainer contended that a sheriff's decision to adjourn his trial on Crown motion was erroneous and oppressive, two earlier trial diets having been adjourned on Crown motion due to witness difficulties, the court was not satisfied that the sheriff addressed the correct test when considering the Crown motion and, addressing the issue of prejudice itself, ie the prejudice which would arise for the parties and the public interest and where the balance of prejudice lay, it concluded that the adjournment was not necessary in the interests of justice and that the complaint should be deserted simpliciter.

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