PF v Ross Pollock-Smith 2019Mr Pollock-Smith who was subject to bail conditions after pleading guilty to a of a breach of the peace, section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010, not to contact his former partner has had his appeal against his special bail conditions imposed dismissed. The appeal went to the High Court of Justiciary where it was confirmed that the special condition of bail was lawful and the appeal was refused. The charge had narrated that the accused was uttering threatening remarks to the police.
The offence also was racially aggravated and committed while the accused was already on bail. Sentence was deferred on this matter on a number of occasions due a number of outstanding matters the appellant had. The case eventually called 9 months after the appellant pled guilty and sentenced was deferred for good behaviour with a condition in place on bail that Mr Pollock-Smith do not contact or approach Ms M, his former partner. This was due to a narration in the Social Work report that he continued to be very negative about her and her mother and was at high risk of reoffending. The appellant was imprisoned prior to this period. The rationale by the Sheriff behind this was to reduce the risk of the appellant reoffending. The offence in question, the statutory breach of the peace, did not relate in any way to Ms M therefore the decision was appealed. The appeal went first to the Sheriff Appeal court which was refused on the basis that it was competent as the test for the for a special condition was that it was “necessary to secure…that the standard conditions are observed.”