Normand v Walker
| Jurisdiction | Scotland |
| Judgment Date | 01 February 1996 |
| Neutral Citation | 1994 SCCR 875 |
| Date | 01 February 1996 |
| Docket Number | No 12 |
| Court | High Court of Justiciary |
JC
L J-G Hope, Lords Sutherland and Murray
Procedure—Summary procedure—Time bar—Extension of 12-month time limit—Pannel previously charged on petition and thereafter served with summary complaint containing same charges—Summary trial diet adjourned to date outwith 12-month period—Whether competent for extension of time limit to be made—Criminal Procedure (Scotland) Act 1975 (cap 21), sec 101(1)(ii)1
Section 101(1) of the Criminal Procedure (Scotland) Act 1975 enacts that an accused shall not be tried on indictment on any offence unless his trial is commenced within 12 months of his first appearance on petition, provided that “(ii)…the sheriff…may on cause shown extend the said period”.
The pannel was charged on petition with contraventions of the Misuse of Drugs Act 1971 and was committed for further examination and released on bail on 23 January 1995. The cause was subsequently reduced to summary and the pannel was thereafter served with a summary complaint containing identical charges. After two adjournments on the Crown's motion, a trial diet was fixed for 9 May 1996. The Crown thereafter sought an extension of the 12-month period. The sheriff rejected the application on the ground that it was incompetent for an extension to be granted in summary proceedings. The Crown thereafter appealed.
Held (1) that, while the time bar had its origin in solemn proceedings, its effect and the provisions which were designed to modify its effect were applicable generally to all further proceedings for that offence irrespective of the level at which they were being taken; (2) that, accordingly, an application under sec 101(1)(ii) to extend the time limit was competent even though the proceedings had been reduced from solemn to summary, for the sheriff sitting would be to enable the Crown, if it chose, to drop the summary complaint and take the case instead on indictment; and appeal allowed.
Gardner v LeesSC 1996 JC 83 considered.
Scott McIntyre Walker was charged in the sheriffdom of Glasgow and Strathkelvin at Glasgow at the instance of Andrew C Normand, procurator fiscal there, on a summary complaint which libelled various contraventions of the Misuse of Drugs Act 1971. The pannel pled not guilty and a trial diet was fixed. The trial diet was twice adjourned on the Crown's motion until 9 May 1996. The Crown subsequently applied for an extension of the 12-month time limit under sec 101(1)(ii) of the Criminal Procedure (Scotland) Act 1975.
The sheriff dismissed the application as incompetent.
The Crown appealed to the High Court of Justiciary.
The cause called before the High Court of Justiciary, comprising the Lord Justice-General (Hope), Lord Sutherland and Lord Murray for a hearing on 1 February 1996.
Eo die at advising, the opinion of the court was delivered by the Lord Justice General (Hope).
Opinion of the Court—This is a note of appeal under sec 101(5) of the Criminal Procedure (Scotland) Act 1975 against the refusal by the...
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McDOWALL v LEES
...McGowan (Brian) v Procurator Fiscal, Paisley, High Court of Justiciary, 1 February 1996, unreported (1996 GWD 8ndash;437) Normand v Walker 1996 SLT 418 O'Neill (Jeff John Anderson) v Procurator Fiscal, Edinburgh, High Court of Justiciary, 1 March 1996, unreported (1996 GWD 18–1040)Whitelaw ......