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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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A decision was made by the high court of Edinburgh to dismiss

Resolved Question:

A decision was made by the high court of Edinburgh to dismiss a case: 1 with a condition for the crown to retuurn to court in future with new evidence.
2 the barrister for the defender opposed the motion and asked the judge to dismiss the case ex simplicito.
The judge rejected motion 1 and agreed to motion 2. Is possible to return to lower court and bring the same case that was dismissed without a condition without first going through high court appeal?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A case can be dismissed pro loco et tempore (for the time being) or simpliciter which is forever. If the case has been dismissed simpliciter that prosecution is at an end.
The Crown would have to raise a new prosecution if they wanted this to proceed. This would be under the new law which got rid of the double jeopardy rules.
The case could be re prosecuted but the same prosecution can't be started again.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you for your response. But can the Bar Reporter on her own discretion refer to the matters dismissed ex simplicitar in order to influence the judges mind and would this be allowed.

Expert:  JGM replied 2 years ago.
What do you mean by the Bar Reporter? There's no such thing in a Scottish court.
Customer: replied 2 years ago.

They are court appointed solicitor who would write the things that are relevant in the court report. The are in essence safeguarders in a contact case.

Expert:  JGM replied 2 years ago.
Your original narrative referred to the High Court in Edinburgh. That is a criminal court. Are you referring to a family law case? If so can you explain your situation further?
It appears to me that you are referring to a family law case in which case I know exactly what a bar reporter is but I don't understand your terminology which applies only to a criminal case as does the reference to the High Court.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

8 year ago the case was brought to the high court because my spouse claimed I tried to strangle her. Medical evidence showed that was not the case and the case was dismissed ex simplicitar. Now the bar reporter has referred to that case to sway the sheriff mind against my cause. Can she do that. I have been told I can cross examine the reporter on the content of the report.

Expert:  JGM replied 2 years ago.
Thank you for clarifying that.
The reporter in the contact case can report relevant facts which relate to the issue of contact.
She can report allegations of criminal conduct so far as relevant. In the instance you refer to she has to be quite clear to get the facts right:
1. There was an allegation of assault.
2. The court dismissed the charge simpliciter.
3. That was because the evidence didn't support the allegation.
That should in fact support your case and be detrimental to the other party's case on a credibility level if the allegation is still wrongly being made by the other party.
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