HM Advocate v AD

Criminal evidence and procedure – Sexual offences – Docket to indictment – Amendment of docket to include time-barred offences. High Court of Justiciary: Allowing a Crown appeal against a decision to refuse its motion to amend an indictment by deleting certain charges and inserting them in a docket to the indictment, the court held that , on a proper construction of ss 65 and 288BA of the Criminal Procedure (Scotland) Act 1995 it was competent to include in the docket alleged criminal conduct specifically ruled 'out of time' by a judge who had refused to grant a retrospective extension of the 12-month period in terms of s 65 of the 1995 Act, and it would not be oppressive to allow the evidence to be led.

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