APPEAL COURT, HIGH COURT OF JUSTICIARY
Lord Justice Clerk
Lord Cameron of Lochbroom
Appeal No: 2392/01
OPINION OF THE COURT
delivered by LORD MacLEAN
APPEAL TO COMPETENCY AND RELEVANCY
CHRISTOPHER JOHN SLATER
THE PROCURATOR FISCAL, Dumfries
Appellant: Shead; Oag & Co
Respondent: Di Rollo, Q.C., A.D.; Crown Agent
1 October 2002
"I am writing to inform you that when you failed to appear at Sheriff Court House, Buccleuch Street, Dumfries on 14 August 2001 a warrant was issued for your arrest.
I do not intend to have you arrested provided that you are prepared to attend court voluntarily. You are therefore required to attend at Sheriff Court House, Buccleuch Street, Dumfries at 10.00 am on Tuesday 21 August 2001.
Please bring this letter with you. Failure to attend as required may result in your arrest."
"Mr Slater phoned on 14 August 2001 and said that he had been told that proceedings were being taken against him regarding a driving offence. I advised him that he was supposed to be in court today and that we were inviting him to attend on 21 August 2001 as he had failed to turn up. He said he was not advised of this."
"What constitutes undue delay must be a question of fact in each case. It must not be due to any act for which the prosecutor is responsible. The expression 'without undue delay' implies that there has been no slackness on his part and that any delay in execution is due to some circumstance for which he is not responsible, e.g. the conduct of the accused."