Stewart and others v HM Advocate

Solemn procedure – Time bar – Twelve-month rule. High Court of Justiciary: Refusing appeals by five appellants against the sheriff at Paisley's decision, at end of the April 2014 sitting, to grant a motion to adjourn their trial on charges of serious assault and to extend the 12-month time bar, the court held that the developing issues surrounding the fitness of one of the appellants to stand trial constituted sufficient cause to satisfy the first stage test in HM Advocate v Swift, and that the sheriff did not err in exercising his discretion by granting the motion.

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