Duncan Welsh against Scottish Courts and Tribunals Service
| Jurisdiction | Scotland |
| Judge | Sheriff F C M Thomson |
| Judgment Date | 05 January 2026 |
| Neutral Citation | [2026] SC EDIN 6 |
| Docket Number | EDI-A937-24 |
| Published date | 08 January 2026 |
| Court | Sheriff Court |
| Date | 05 January 2026 |
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
[2026] SC EDIN 6
EDI-A937-24
JUDGMENT OF SHERIFF F C M THOMSON
in the cause
DUNCAN WELSH
Pursuer
against
SCOTTISH COURTS AND TRIBUNALS SERVICE
Defender
Pursuer: Swanney, advocate; Digby Brown LLP
Defender: Callender; Morton Fraser MacRoberts LLP
EDINBURGH, 5 January 2026
The sheriff, having resumed consideration of the cause, finds the following facts admitted or
proved:
1. On or about 6 December 2023, the pursuer appeared from custody in private at
Glasgow Sheriff Court in connection with a petition matter. He made no plea. The
Crown moved to have him committed for further examination.
2. An application for bail was submitted and opposed. The sheriff admitted the
pursuer to bail. However, the decision was wrongly minuted as bail having been
refused, and that was communicated to cell officers at Glasgow Sheriff Court.
3. The pursuer was taken to HM Prison, Barlinnie where he was detained until the error
was discovered, a bail order was issued and the pursuer was released on
13 December 2023.
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