Appeal By Her Majesty's Advocate Against Ad
| Jurisdiction | Scotland |
| Judge | Lord Menzies,Lady Paton,Lady Clark Of Calton |
| Neutral Citation | [2018] HCJAC 2 |
| Court | High Court of Justiciary |
| Date | 09 January 2018 |
| Docket Number | HCA/2017/000526/XC |
| Published date | 09 January 2018 |
APPEAL COURT, HIGH COURT OF JUSTICIARY
[2018] HCJAC 2
HCA/2017/000526/XC
Lady Paton
Lord Menzies
Lady Clark of Calton
OPINION OF THE COURT
delivered by LADY PATON
in
APPEAL
by
HER MAJESTY’S ADVOCATE
Appellant
against
AD
Respondent
Appellant: Cameron (sol adv) AD; Crown Agent
Respondent: Fyffe (sol adv); Bruce & Co, Arbroath
9 January 2018
Proposed amendment of docket to include time-barred offences
[1] The question in this appeal is whether allegations concerning certain sexual offences,
said to have been committed by the respondent during 1973 to 1974 against a complainer
PC, may competently be included in a docket in an indictment libelling other alleged sexual
offences during 1973 to 1996 against complainers AVD, JAD, AD, and LH, when a judge has
2
ruled that the expired 12-month time-bar relating to the alleged offences involving PC
should not be retrospectively extended in terms of section 65 of the Criminal Procedure
(Scotland) Act 1995.
[2] It is necessary to set out a summary of events. The first 10 entries below are not in
precise chronological order, as they reflect the terms of an indictment ultimately served
upon the respondent on 17 November 2016. Subsequent entries are in chronological order.
Charges in the indictment
13 April 1973 to 12 April 1984: The respondent’s alleged lewd and libidinous
behaviour towards his step-daughter PC, born on 13 April 1969 (Charge 1 in the
indictment).
13 April 1981 to 13 April 1984: Further alleged lewd and libidinous behaviour
towards PC (Charge 2).
January 1980: The alleged rape of PC (Charge 3).
20 August 1975 to 19 August 1977: The respondent’s alleged lewd and libidinous
behaviour towards his step-son AVD, born on 20 August 1970 (Charge 4).
13 April 1973 to 19 August 1977: Alleged wilful ill-treatment of AVD (Charge 5 ).
August 1977: The alleged sodomy of AVD (Charge 6).
4 April 1976 to 3 April 1977: One occasion of alleged lewd and libidinous behaviour
by the respondent towards his step-son JAD, born on 4 April 1967 (Charge 7).
1 July 1980 to 30 June 1983: Alleged lewd and libidinous behaviour towards AD, a
male born on 1 July 1967 (Charge 8).
May 1996: An alleged indecent assault on LH, an adult female (Charge 9).
13 April 1973 to 12 April 1981: Alleged lewd and libidinous behaviour towards PC in
London (ie outwith the jurisdiction, but included in a docket to the indictment).
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