Catherine Helen Middleton and Sean James McAllister v. Procurator Fiscal, Livingston [2013] HCJAC 49

Application for extension of time to lodge Bill of Advocation:-  On 28 June 2011 at Livingston Sheriff Court the applicants appeared on a summary complaint charged with an assault. The trial diet was adjourned on 5 occasions due to “lack of court time”.  On behalf of the applicants an application for an extension of time in which to lodge Bills of Advocation was made. In terms of section 191A of the Criminal Procedure (Scotland) Act 1995 the time limit for lodging such a Bill is three weeks. The applications here were over two months late. The explanation offered on behalf of the applicants for that lateness was that the local agents for each of the applicants were unaware of the existence of the time limit which had been introduced by section 6 of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010. Here the court considered whether ignorance of the law in relation to time limits constituted any form of explanation which could be excused in terms of the statutory provisions.