Interesting ‘speech’ from one of Scotland’s High Court judges recently. Worthy of a look for all law students –
Lord Uist, above, effectively rebuked the Crown for ‘sending’ cases to the wrong court. One of the first, and principal tasks of the PF/Prosecution Service is to ensure that they mark a case for prosecution in the correct court.
A minor road traffic matter would not be sent to the High Court, nor a murder to the JP court – principally because the sentencing powers available to the courts vary drastically – and although a Sherriff has a ‘power of remit’ to transfer the matter up to the High Court if they feel their sentencing powers are inadequate, it is clear from Lord Uist that he is seeing cases transferred to him from the Sheriff Court which should have been marked for the High Court initially and which should never have been in the Sheriff Court at all.
Somebody, somewhere within the COPFS will be spoken to, I’m sure.
Have a good day now and thanks for stopping by.