Third Time Unlucky - Crown to Adjourn Trial
Kinloch Lawyers Successfully Oppose Crown Motion to Adjourn Trial for the Third Time
On 27th June 2023, our Mr RossJenkins from Glasgow based Kinloch Lawyers represented a client at Glasgow Sheriff Court. The client was charged with a contravention of section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 and also faced a charge of wasting police time..
Third Time Unlucky for the Crown
Several Delays to this Court Case for Lawyers representing the client
The Trial had previously been adjourned on two separate occasions because the Crown did not have the relevant audio recordingof a 999 call made to Police Scotland.
Actions of Kinloch Lawyers in the Case
When the case called on 27th June 2023, the Crown once again moved to adjourn the Trial Diet. The Crown told the Court that they were still not in possession of the recording and asked the Court for yet another adjournment.
Kinloch Lawyers Oppose the Crown Motion – Not a Dress Rehearsal
Opposed the Crown motion on the basis that enough was enough.
Our Mr Jenkins opposed the Crown motion on the basis that enough was enough. He referred the Sheriff to the case of PF (Glasgow)v Cooper in which the Appeal Court stated that the Crown should be preparedfor the first Trial Diet and that this was not a “dress rehearsal”.
Our Mr Jenkins also pointed out that the delays in the case had caused our client significant stress and stated that a further delay was prejudicial to the accused.
Sheriff agrees with Kinloch Lawyers refusing the Crown Motion to Adjourn the Trial
What was Agreed
After hearing from parties, the Sheriff agreed with our Mr Jenkins and refused the Crown motion to adjourn the Trial.
The matter was, thereafter, deserted simpliciter, meaning the case was now at an end.
This came as a great relief to a delighted and grateful client.
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