Platt v Lockhart
| Jurisdiction | Scotland |
| Judgment Date | 09 July 1988 |
| Date | 09 July 1988 |
| Docket Number | No. 26. |
| Court | High Court of Justiciary |
JC
L. J.-C. Ross, Lords Dunpark, Wylie.
Procedure—Summary procedure—Competency—Trial diet—Continued trial diet—sheriff falling ill between original trial diet and continued trial diet—Whether competent for case to be recommenced de novo before different sheriff.
The accused was charged on summary complaint with breach of the peace and two statutory offences. She pled not guilty and went to trial at Aberdeen Sheriff Court. After the Crown case closed the accused pled guilty to the breach of the peace charge and the sheriff continued the diet with a view to her making certain submissions of no case to answer in respect of the remaining charges. The continued diet called before a different sheriff who intimated that the original sheriff had fallen ill and could not proceed to hear the case further. At the instance of the Crown the sheriff thereafter fixed a diet for the trial to recommencede novo before another sheriff. The accused subsequently presented a bill of advocation before the High Court of Justiciary against this decision.
Held that as it was competent to adjourn at common law for solemn cases there was no reason in principle why the court could not have similar powers in the case of summary procedure; and billrefused.
Mrs Jacquelyn King or Platt was charged on summary complaint at the instance of Staniforth W. Lockhart, procurator fiscal, Aberdeen with breach of the peace and two contraventions of sec. 12 (1) of the Children and Young Persons (Scotland) Act 1937. She pled not guilty and went to trial before Sheriff Walter F. Stevenson at Aberdeen Sheriff Court on 10th December 1987. At the close of the Crown case the accused pled guilty to the breach of the peace charge but wished to make submissions of no case to answer in respect of the remaining charges under sec. 345A of the Criminal Procedure (Scotland) Act 1975. Due to the lateness of the hour the court fixed a continued diet of trial. At the adjourned trial diet on 7th January 1988 the case called before Sheriff Alastair L. Stewart who advised that Sheriff Stevenson had been taken ill and would not be resuming his position as the sheriff in the case. The Crown thereafter moved the court to fix a new diet for the trial of the accused to recommence de novo before another sheriff. Eo die the court made avizandum. On 25th January 1988 the sheriff granted the Crown's motion and fixed a diet of trial for 11th and 12th April 1988.
In his judgment the sheriff narrated inter alia the following:—"For the Crown the procurator fiscal depute moved me to fix a fresh trial diet at which it would be the Crown's intention to lead, of new, evidence from the witnesses who had already given evidence before Sheriff Stevenson. He pointed out that the possibility of desertion pro loco et tempore and the bringing of a fresh complaint was not open to the Crown as to the statutory charges would now be time-barred. He submitted that, in the absence of any statutory provision dealing with the incapacity of the presiding judge in the course of a summary trial, I should apply the common law, which provided for the fixing of a new trial. He founded on the case ofH.M.Advocate v. Mary Elder or Smith (1827) 1 Syme 71 and on the earlier case of H.M.Advocate v. Janet Ronald (1763) referred to in Hume ii, 415. The agent for the defence opposed the Crown motion and moved me to desert the dietsimpliciter. He submitted that the cases of Mary Smith and Janet Ronald were not in point as they had been under solemn rather than summary procedure. He drew my attention to the fact that, although there was no statutory provision...
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MacLeod v Williamson
...followed was to discharge the diet of trial and fix a fresh diet to proceed before another sheriff; and bill passed. Platt v. LockhartSC 1988 J.C. 148 applied. Iain Angus McLeod, procurator fiscal, Perth presented a bill of advocation to the High Court of Justiciary in which James Williamso......