Criminal Law and Practice in Scotland
| Published date | 01 July 1946 |
| Date | 01 July 1946 |
| DOI | 10.1177/0032258X4601900303 |
| Subject Matter | Article |
174
THE
POLICE1JOURNAL
office for the purpose of paying for the hire of
anyone
of the cars in
which later they were driven away. As each person got into a car and
was driven away, the rank of cars moved
forward;
no contract was made
with the driver of the car.
The
magistrate found that that amounted to
a plying for hire and the High Court took the same view. Lord Goddard,
L.C.J., saw the situation as follows:
"What
was being maintained was
a stand, if I may use the word, for cars in the street. These cars were
being used and left outside this officeto be hired in exactly the same way
as taxicabs drive up and stand on an ordinary hackney carriage stand
in the street."
It
was held that it is quite possible that there can be a plying for
hire where the vehicle is not exhibited to view,
but
where it is being
exhibited it is a most important factor. But no opinion was expressed
about the correctness of the magistrate's opinion that he would have
convicted even if the cars had been concealed in a private yard or garage
providing that they were ready to be appropriated to an immediate
hiring.
Criminal
Law
and Practice in Scotland
JUVENILES-PROCEDURE
BY
INDICTMENT
THE great majority of juvenile offenders (between 8and 17
years of age) are, of course, dealt with in courts of summary
jurisdiction; either by lay magistrates in J.P., police or burgh courts or
by a trained lawyer (the sheriff substitute) in the sheriff summary court.
But, while this is so, the right of the Crown to indict ajuvenile either in
the sheriff court or in the High Court of Justiciary is expressly saved by
section 50 of the Children and Young Persons (Scotland) Act, 1937.
Indeed, in certain cases (e.g., achild or young person charged with
murder), procedure on indictment would be inevitable.
In a case recently heard before the High Court of Justiciary, the
court refused to deal with four young persons" aged 15 and 16, who had
been remitted to that court. by a local sheriff.
The
charges (in which
three adults were also involved) were embodied in an indictment, and,
although serious, were such as could competently have been dealt with
by the sheriff.
The
remit purported to have been made in terms. of
section 31 of the Criminal Procedure (Scotland) Act, 1887, which
empowers a sheriff, in the event of a plea of guilty tendered in
~he
manner set out in
that
section, to send on the accused to the HIgh
Court, so that " the question of punishment should be disposed of by
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