Jie 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, either on the basis that it is defective in form (there being three necessary requisites) or because the granting of the warrant would amount to oppression. The Bills of Suspension were not competent because they did not contain contentions that the warrants were either defective in form or oppressive

Lord Carloway LJC
[2012] ScotHC HCJAC – 151, 2014 SLT 173, 2014 SCCR 109, 2013 GWD 40-762, 2014 SCL 120
Bailii
Cited by:
CitedCMcL 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. . .

Lists of cited by and citing cases may be incomplete.

Scotland, Criminal Practice

Updated: 27 November 2021; Ref: scu.519282