Ashif and Ashraf v HM Advocate

Criminal evidence – Uncontroversial evidence – Right to fair trial. High Court of Justiciary: In an appeal against a sheriff's decision by which he held that a challenge by the appellants, who had been indicted on charge of fraud, to a statement of uncontroversial evidence tendered by the Crown, was unjustified, the court held that s 258(4A) of the Criminal Procedure (Scotland) Act 1995 relating to uncontroversial evidence was not incompatible with art 6 of the European Convention on Human Rights (the right to a fair trial) and the sheriff was therefore right to refuse the appellants' devolution minutes, however the Crown's statement did not comply with the section, the sheriff's decision to grant the Crown's application therefore could not stand and the court allowed the appeal and returned the case to the sheriff for a hearing on the revised statement which the Lord Advocate had tendered.

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