The defendants appealed against their convictions based upon a faulty indictment. The Act required the that when signing a bill of indictment, the signature should bear certain words signifying the authority of the signatory. The words used were incorrect.
Held: The words used were sufficient for the purpose, and the appeals were dismissed.
Judges:
Lady Cosgrove and Lord Hamilton And Lord Justice General
Citations:
XC411/03, XC420/03, XC422/03, 2004 JC 13
Statutes:
Criminal Procedure (Scotland) Act 1995
Jurisdiction:
Scotland
Cited by:
Cited – Clarke, Regina v; Regina v McDaid HL 6-Feb-2008
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence.
Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 May 2022; Ref: scu.191022