Julie Britz v. Her Majesty's Advocate [2006] HCJAC 90

The appellant was indicted, along with two co-accused, in the Sheriff Court at Dunoon on a charge of assault to severe injury, permanent disfigurement and permanent impairment. At a first diet she gave notice by minute of a preliminary issue in respect of an objection to the admissibility of certain evidence. By her minute she contended that a line of evidence pertaining to her identification by the complainer at a specified identification parade should not be admitted in evidence. The sheriff repelled the section 71(2) notice and the devolution minute. It was submitted for the appellant that the issue of admissibility in indictment proceedings should have been determined by the sheriff, either before the trial or in a trial within the trial and the sheriff was in error in repelling the section 71(2) minute and she should have identified whether there were any factual disputes about the circumstances of the identification parade which required to be resolved before the legal issue of admissibility could be determined.