Criminal Cases (Desertions) (Hansard, 12 July 1984)

§ Mr. Dewar
asked the Solicitor-General for Scotland how many cases have been deserted in recent High Court circuits because the indictment had not been properly served in terms of section 111 of the Criminal Procedure (Scotland) Act 1975 as amended by paragraph 31 of schedule 7 to the Criminal Justice (Scotland) Act 1980.

§ The Solicitor-General for Scotland
As a result of the decision of the High Court on 20 June 1984 relating to citation of four accused persons to a trial diet at Glasgow on 19 June 1984 in terms of section 75 of the Criminal Procedure (Scotland) Act 1975, which decision was subsequently reversed on appeal, 40 cases involving 67 accused persons have either been deserted pro loco et tempore or "not called".

§ Mr. Dewar
asked the Solicitor-General for Scotland how many accused have been released from custody as a result of the desertion of cases at recent High Court circuits because of indictments which have not been properly served in terms of section 111 of the Criminal Procedure (Scotland) Act 1975.

§ The Solicitor-General for Scotland
As a result of the decision by the High Court on 20 June 1984 relating to citation of four accused persons to a trial diet at Glasgow on 19 June 1984 in terms of section 75 of the Criminal Procedure (Scotland) Act 1975, which decision was subsequently reversed on appeal, 17 accused persons in 11 cases were released from custody pending trial. In all these cases new indictments have been served on all accused persons for sittings of the High Court no later than 6 August 1984.

§ Mr. Dewar
asked the Solicitor-General for Scotland how many cases have been deserted in the sheriff court because of a failure to serve the indictment with 29 clear days' notice following recent decisions in the High Court.

§ The Solicitor-General for Scotland
As a result of the decision of the High Court on 20 June 1984 relating to citation of four accused persons to a trial diet at Glasgow on 19 June 1984 in terms of section 75 of the Criminal Procedure (Scotland) Act 1975, which decision was subsequently reversed on appeal, 23 cases involving 40 accused persons have been either deserted pro loco et tempore or "not called".