Sir Gerald Gordon, Q.C.
OPINION OF THE COURT
SIR GERALD GORDON, Q.C.
(Sitting as a Temporary Judge)
BILL OF SUSPENSION
PROCURATOR FISCAL, HADDINGTON
Act: Collins, Solicitor-Advocate, Adams Whyte
Alt: Bain, A.D.
3 June 2004 This Bill of Advocation arises out of events which began on 18 December 2003 when the Sheriff refused a devolution minute on behalf of the complainer, granted leave to appeal in terms of Section 174 of the Criminal Procedure (Scotland) Act 1995 and adjourned the case to a trial diet on 27 February 2004. That adjournment was made in compliance with Section 174(3) of the 1995 Act which provides that:
"If leave to appeal under subsection (1) above is granted by the court it shall not proceed to trial at once under subsection (2) of section 146 of this Act; and subsection (3) of that section shall be construed as requiring sufficient time to be allowed for the appeal to be taken."
"Where an appeal is taken under subsection (1) above, the High Court may postpone the trial diet (if one has been fixed) for such period as appears to it to be appropriate."