HM Advocate v RV and others

Solemn procedure – Desertion of trial – Extension of time bar periods. High Court of Justiciary: Passing Bills of Advocation brought by the Crown against a trial judge's decision to desert the diet against the four respondents pro loco et tempore and to refuse to extend the 11 and 12-month timebar periods to allow the Crown to re-indict, the court was not satisfied that the judge properly exercised her discretion in deserting the diet as it was not clear that she properly weighed the public interest against the risk of any potential unfairness as a result of defects in the presentation of the prosecution, or that she fully considered the availability of procedural steps to remedy the situation which had arisen, short of deserting the diet.

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