RW v HM Advocate

Solemn procedure – Adjournment of trial diet – Extension of 12-month time bar. High Court of Justiciary: Passing a Bill of Advocation challenging a sheriff's decision ex proprio motu to adjourn the appellant's trial diet and allowing an appeal challenging his decision to then extend the 12-month time bar, the court held that in exercising his wide discretionary power to adjourn the sheriff had to have proper regard to all of the relevant circumstances and he did not do so; and a proper assessment of the case history would have led him to conclude that no sufficient reason had been shown which might justify an extension.

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