NIALL FERGUSON THOMSON v. HER MAJESTY'S ADVOCATE

This is the appeal of Niall Ferguson Thomson who was found not guilty by reason of insanity on a charge of contravening section 1 of the Road Traffic Act 1988. The Sheriff made an order under section 57(2)(a) of the Criminal Procedure (Scotland) Act 1995 which is equivalent to a hospital order under section 58(1) of the Act, and that part of this disposal is not appealed against. He also made an order under section 57(2)(b) imposing special restrictions, and it is that order which is now appealed.

We should note at this stage that the Sheriff at the end of his report makes the point that this appeal was originally stated to be under section 110 of the 1995 Act and the Sheriff queries the competency of that. In fact, there is a right of appeal against such an order under section 62(1)(c), and as the nature of the grounds of appeal are precisely the same in both, while technically the application is incorrect we shall nevertheless deal with it as if it was an appeal under section 62(1)(c).

The circumstances of this matter are that the appellant was engaged in what the Sheriff calls a frightening degree of dangerous driving. That fact was a matter of admission at the trial and the issue for the jury was whether the appellant was insane at the time. Evidence was given by two psychiatrists, Dr Corrigan and Dr Ferguson, and the jury by a majority found that the appellant was insane at the time.

On the whole matter, therefore, we are satisfied that no ground has been made out for saying that the Sheriff erred in the imposition of an order under section 57(2)(b), and this appeal is accordingly refused.