JPB v HM Advocate

Solemn procedure – Time bar – Twelve-month rule. High Court of Justiciary: Refusing an appeal by an appellant, who was charged with sexual offences against two children, against a decision to grant an extension of the 12-month time bar, the Crown having deserted a trial diet pro loco et tempore on the basis of the absence of one of the complainers and then re-indicted the case and applied to extend the time bar, the court held that there was a basis on which the judge was entitled to excuse the Crown's failure to secure the complainer's attendance and thereby commence the trial timeously, efforts to cite her having failed in part at least because they were frustrated by her and her father, and in the absence of an identifiable fault in the judge's exercise of his discretion there was no basis for reversing his decision.

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