CMcL v Her Majesty’s Advocate: HCJ 28 Mar 2013

The defendant, accused of murder appealed against refusal of bail, denying the existence of a prima facie case against him.
Held: Jie Lien was not authority for the proposition that a warrant can be suspended in the course of a bail appeal. That was a statutory procedure: ‘ It is, as it says, an appeal against the refusal of bail. It is not a competent procedure by which to challenge a committal warrant. This appeal, on that ground, is refused.’

Lord Clark LJC
[2013] ScotHC HCJAC – 46, 2013 SCL 484, 2013 GWD 13-278
Bailii
Criminal Procedure (Scotland) Act 1995 37
Citing:
CitedJie Lin and Sheng Lu and Qing Guang He and Xin Chen v Her Majesty’s Advocate HCJ 30-Nov-2012
The defendants, awaiting trial on charges for supplying drugs, appealed against the refusal of bail.
Held: It is competent before the sheriff, and by way of appeal by Bill of Suspension, to challenge the grant of a warrant for full committal, . .

Lists of cited by and citing cases may be incomplete.

Scotland, Criminal Practice

Updated: 31 October 2021; Ref: scu.510244