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Solemn procedure – Time bar – Twelve-month rule. High Court of Justiciary: Refusing an appeal by an appellant whose trial in July 2013 on a charge of assault was adjourned to the October 2013 sitting because of the complainer's absence from the country, and who appealed against a sheriff's decision on the last day of that sitting to grant the Crown's motion to adjourn the trial again 'due to pressure of business', the court held that that sheriff had correctly exercised his judgment that sufficient reason had been shown for an extension of the time bar, as there was no contention that when the case was allocated in July for trial at the October sitting it was anticipated that it would not take place, and it did not take place because of a combination of factors, including the unexpected overrunning of another trial.
Solemn procedure – Time bar – Twelve-month rule. High Court of Justiciary: Refusing an appeal by an appellant whose trial in July 2013 on a charge of assault was adjourned to the October 2013 sitting because of the complainer's absence from the country, and who appealed against a sheriff's decision on the last day of that sitting to grant the Crown's motion to adjourn the trial again 'due to pressure of business', the court held that that sheriff had correctly exercised his judgment that sufficient reason had been shown for an extension of the time bar, as there was no contention that when the case was allocated in July for trial at the October sitting it was anticipated that it would not take place, and it did not take place because of a combination of factors, including the unexpected overrunning of another trial.
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