HUNDREDS of cases at Scotland's busiest district court could be delayed following a legal ruling over the failure of prosecutors to disclose statements to defence lawyers.
HUNDREDS of cases at Scotland's busiest district court could be delayed following a legal ruling over the failure of prosecutors to disclose statements to defence lawyers.
At Glasgow District Court Stipendiary Magistrate Alan Findlay ordered the procurator fiscal to hand over statements and police notebooks in an assault and breach of the peace trial.
Stirling defence lawyer Virgil Crawford had argued the failure to do so, despite repeated requests, had breached the human rights of the two accused men.
This week, after hearing extensive legal arguments, Stipendiary Magistrate Findlay ruled the defence lawyer was entitled to see the missing statements, police notebooks and details of previous convictions of witnesses.
He ordered the prosecution to produce them "without delay", but granted them leave to appeal.
The trial of the two accused, which should have been heard this month, has been put off until October 10.
Afterwards, Mr Crawford said: "Disclosure is happening in every district court except Glasgow.
"Here, the procurator fiscal's attitude is that if the prosecution has to work with the same statements from the police as the defence, what does it matter?
"That is not good enough. Under European Human Rights legislation the Crown is obliged to hand over all statements to the defence, particularly if they are requested.
"The implication of the ruling is that if every lawyer takes this particular human rights point he or she will win it, so trials could be further delayed for months while disclosure is carried out."
Earlier this year, when told the Crown had not handed over statements in a murder case, High Court judge, Lord Hardie, described the failure as an "act of defiance" and threatened to hold Lord Advocate Elish Angiolini in contempt of court.






