In the Scottish Courts

DOI10.1177/002201834901300104
Publication Date01 January 1949
Date01 January 1949
SubjectArticle
In the Scottish Courts
EXTENSION
OF
TIME
TO
APPEAL
(1)
Ferguson &
others
v.
H.M.
Advocate
THE Criminal Appeal (Scotland) Act, 1926, prescribes a
time limit for giving notice of
appeal;
but
(except in
the
case of aconviction involvingsentence of death) empowers
the
court
at
any
time
to extend
the
time within which such
notice
must
be given.
In
the
present cases, three minors
had
been sentenced to penal servitude in respect of charges
of dishonesty to which
they
pled guilty. They allowed
the
statutory
time
for giving notice of appeal to
run
out
but
thereafter lodged notes of application for extension of time.
In
support of these, counsel
stated
that
the
failure
to
act
timeously
had
arisen through amisunderstanding between
the
applicants
and
their law agent.
The
court, having
regard to
(1)
the
youth
of
the
applicants
and
(2)
their
having
taken
some steps, albeit indeterminate
and
inchoate,
towards an appeal within
the
statutory
time,
granted
the
application.
(2)
Casey v. H.M. Advocate
Asimilar application made some months later follow-
ing a conviction of culpable homicide
and
asentence of
twelve years penal servitude was differently dealt with.
Here,
the
lapse of time was
considerable-the
date
of con-
viction being
8th
July
and
the
date
of
the
application
8th
September.
In
dismissing
the
application,
the
Lord
Justice-General said
"The
time limit prescribed
by
statute
had
long since expired and, while
it
is within
the
power of
the
court to
extend
the
time,
it
is well settled
by
decision
that that
extension is only
granted
on special grounds.
There has appeared before us to-day Mr. Ross Maclean who,
as senior counsel, conducted
the
applicant's defence
at
Glasgow Circuit
and
he has informed us on his responsi-
«SG

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