HM Advocate v Donaldson

Solemn procedure – Desertion of indictment simpliciter. High Court of Justiciary: Passing a Bill of Advocation by the Crown complaining about a sheriff's decision to desert simpliciter on the basis that any future trial would be unfair because he had inferred that the Crown were either unable or unwilling to disclose telephone records which, it was conceded, ought to be disclosed if a fair trial were to take place, the court held that the sheriff had erred: the obvious remedy was not desertion, but an order on the Crown (or other haver) to produce the records; there was no suggestion that the material could not be obtained by court order or otherwise and that being so there was no reason for any subsequent trial to be classified as inevitably unfair.

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