Be Pedantic & Always Check the Small Print

In a recent case, my client received a summons at the beginning of the year containing five charges, four of which were police assaults.

As the trial was about to commence in July, it was discovered that the Court's principal copy of the summons had never been signed by the Procurator Fiscal. As such, the complaint was deemed null and void and the trial did not call.

Some months later, the Crown reissued a signed copy of the complaint containing identical charges to the previously unsigned complaint and summoned the accused to appear at a pleading diet.

A plea to the competency of the Police Assault charges was taken on the basis of time bar because the summons was served over six months after the alleged incident. Police assault and resisting arrest is covered by Section 41 of the Police Scotland Act 1967. However, the statutory provision only makes reference to summary conviction and is silent on solemn proceedings. As such, the six month time limit was in force because;

1) it would appear from the statute that the offence can only be tried summarily (in the JP Court or Sheriff Summary Court)

2) The Police (Scotland) Act contained no express provision to the contrary.

The plea to the competency was upheld and the four Police assaults dropped.

An indication that we should perhaps not to take the finer details for granted.