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Scottish Office

Answer

Ms Roseanna Cunningham: To ask the Secretary of State for Scotland how many of those cases affected by the decision in Mackay v. PF (Linlithgow) which have already been determined (a) are outside the time limit for appealing by way of Stated Case in terms of the Criminal Procedure (Scotland) Act 1995 section 176 and (b) have been affected by undue delay as currently understood where a Bill of Suspension might otherwise be brought; and what action the Crown will take in response to any appeal in respect of those cases. [37236] Mr. McLeish: [holding answer 1 April 1998]: No cases are directly affected by the decision in Mackay v. PF (Linlithgow) but it has been estimated that several thousand cases may be affected by the subsequent decision of the court in the case of PF (Glasgow) v. Milligan, decided on 12 March 1998. Any application for stated case must be lodged within seven days of the final determination of the case, although there is provision for the time limit to be extended by the High Court of Justiciary. There is no time limit for bringing an appeal by Bill of Suspension, although delay in doing so may result in the appeal being refused on the ground of acquiescence. There is some doubt however whether such delay would be a bar to the bringing of an appeal based on fundamental nullity of the proceedings. The Crown will consider the merits of any appeal brought.

Secondary information

Type

Written question

Reference

37236; 309 c613W

Session

1997-98

Subjects

Criminal proceedings Judgements Scotland Time limits Crown Office for Scotland Linlithgow

Legislation

Criminal Procedure (Scotland) Act 1995

Contains statistics

Yes