Kane v Procurator Fiscal, Hamilton

Criminal procedure – Adjournment of trial diet. Sheriff Appeal Court: Declining to pass a Bill of Advocation complaining about a sheriff's decision to allow a further adjournment of a trial diet on 26 June 2018 due to the absence of an essential Crown witness because of ill health, the presiding sheriff at an earlier diet having granted a further adjournment but considered that no further adjournments should be granted, the court held that the sheriff on 26 June was not bound by her colleague's decision as regards the finality of the adjournment process, and the decision to grant the Crown adjournment in the face of witness difficulties due to ill health was not a decision which no reasonable sheriff would have reached.

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