Potts v Procurator Fiscal, Hamilton

Criminal procedure – Plea in bar of trial – Oppression – Abuse of process – Right to fair trial within reasonable time. High Court of Justiciary: Refusing an appeal by an appellant who was charged on summary complaint with the theft of £50,000 in cash by housebreaking, against a decision of the Sheriff Appeal Court, upholding a sheriff's decision to repel his plea in bar of trial, the court rejected the contention that the Crown had acted oppressively, by way of an abuse of process or in violation of the appellant's rights under art 6 of the European Convention on Human Rights in prosecuting him on a summary complaint after the High Court had allowed an appeal against the sheriff's decision to extend the 12-month time bar in solemn proceedings involving the same charge.

Category: