H. M. Advocate v Miller
| Jurisdiction | Scotland |
| Judgment Date | 03 December 1953 |
| Docket Number | No.11. |
| Date | 03 December 1953 |
| Court | High Court of Justiciary |
HIGH COURT.
Lord Justice-General, Lord Justice-Clerk, Lord Carmont, Lord Russell.
Procedure—Sentence—Corrective training—Further crime committed by persons serving sentences of corrective training—Prison breaking—Sentence—Criminal Justice (Scotland) Act, 1949 (12, 13 and 14 Geo. VI, cap. 94), sec. 21.
Six accused pleaded guilty to a charge of prison breaking. At the time of the crime one of the accused was serving a sentence of imprisonment and the other five were undergoing sentences of corrective training under sec. 21 of the Criminal Justice (Scotland) Act, 1949. The presiding Judge having referred the question of sentence to a larger Court,—
The Court, in the cases of the five prisoners undergoing corrective training, imposed a sentence of one year's imprisonment on each, this sentence to run from its date on the footing that on its expiry the unexpired period of the previous sentence of corrective training would revive; and, in the case of the sixth prisoner who was already serving a sentence of imprisonment, imposed a sentence of six months' imprisonment to be served consecutively to that sentence.
Thomas Nicholson Miller And Others appeared in the Sheriff Court at Edinburgh on 20th November 1953 and pleaded guilty in terms of section 31of the Criminal Procedure (Scotland) Act, 1887,1 to an indictment at the instance of Her Majesty's Advocate which set forth that "being lawfully confined in [the Prison of Edinburgh] under a sentence pronounced against (a) you the said Thomas Nicholson Miller by the High Court of Justiciary held at Edinburgh on 30th April 1953 for the crime of theft by house-breaking which sentence decerned and adjudged you to be imprisoned for two years from the expiry of a sentence of twenty days' imprisonment imposed in Edinburgh Burgh Court on 14th April 1953; (b) you the said William Mirlees Fullerton by Sheriff and jury held at Glasgow on 16th April 1953 for the crime of reset which sentence decerned and adjudged you to undergo three years' corrective training from 24th April 1953; (c) you the said Hugh Love Higgins by Sheriff and jury held at Glasgow on 4th August 1953 for the crime of theft by housebreaking which sentence decerned and adjudged you to undergo three years' corrective training from 17th August 1953; (d) you the said Walter Scott Ellis by Sheriff and jury held at Glasgow on 4th August 1953 for the crime of theft by housebreaking and assault which sentence decerned...
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