APPEAL COURT, HIGH COURT OF JUSTICIARY |
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Lord Johnston Lord Wheatley
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[2005HCJAC127] Appeal No: XC556/05 OPINION OF THE COURT delivered by LORD JOHNSTON in NOTE OF APPEAL AGAINST SENTENCE by HUGH CUNNINGHAM Appellant; against HER MAJESTY'S ADVOCATE Respondent: _______ |
Appellant: J. Keenan, Solicitor Advocate; Gilfedder McInnes
Respondent:
D.J.T. Logan, A.D. ad hoc; Crown Agent25 November 2005
[1] This appeal is concerned with the fact that when the indictment to which the accused pled partially guilty called before the presiding sheriff she in fact deferred sentence for one day beyond the four weeks that is allowed by section 201 of the Criminal Procedure (Scotland) Act. Subsection (3) of that section is in the following terms:"A court shall not adjourn a hearing of a case as mentioned in subsection (1) above for any single period exceeding four weeks or on cause shown eight weeks".