Mark Lindsay v. Her Majestys Advocate

After the jury was empanelled the sheriff was informed that one of the jurors knew one of the Crown witnesses and that he had formerly been a police officer. A discussion took place on this matter within the sheriffs chambers outwith the presence of the appellant. The appellant maintains that this was a breach of section 92 (1) of the Criminal Procedure (Scotland) Act 1995. A further submission relating to the juror is that the appellant had been deprived of trial before an independent and impartial tribunal. In the third ground of appeal it is maintained that the appellant was denied a fair trial by reason of his being required to wear handcuffs during the trial. The remaining ground of appeal relates to the sheriffs directions in respect of a charge of breach of the peace. It is maintained that the sheriff misdirected the jury by setting too low a test for that crime.