Procurator Fiscal, Paisley v Shaan

Criminal procedure – Adjournment of trial diet – Witness warrant. Sheriff Appeal Court: Passing a Bill of Advocation complaining that a Justice of the Peace's decision to refuse a Crown motion for adjournment of a trial diet leading to a complaint of assault to injury being deserted simpliciter, was unjust, erroneous and contrary to law, the court held that in refusing the Crown adjournment in the absence of any real prejudice to the accused and in the face of significant prejudice to the prosecutor the justice reached a decision which no reasonable justice could have reached, and he also erred in refusing the Crown motion for a witness warrant as he took into account an irrelevant consideration relating to the cost of bringing the witness to court.

Category: