PROSECUTORS who failed through 'human error' to bring top level sheriff court cases to juries within extended Covid timeframes have been granted more leeway despite strong objections.

A number of Greenock indictment prosecutions breached time bars which had already been allowed to run longer than usual because of the unprecedented challenges thrown up by the pandemic.

But the Crown had still not brought the matters to trial and was forced to debate in court its push to be given retrospective extensions with defence lawyers who cried foul over the move.

Fiscal depute David McDonald told the court: "I had the opportunity to speak to the depute [fiscal] involved regarding the Crown's failure to timeously seek an extension.

"It has to be accepted that the depute lost sight of matters.

"What has happened here is human error, not systemic problem.

"It has been an oversight by a depute under significant pressure of business."

Solicitor David Tod said: "I can accept it is a human error, it is, however, a human error by someone employed by the Crown.

"It is not my client's responsibility that there was error.

"If advice I tender to a client is that the time for their prosecution has run out, and they ask what that means, I wouldn't like to be in a position where I say it means absolutely nothing.

"The outcome and the effect it has on an accused person should also be taken seriously."

Mr Tod added: "The Crown, under the coronavirus legislation, have properly been given more latitude to present cases.

"But even when given that latitude people are not being prosecuted timeously, and the answer is, 'Well, that's just the way things are'.

"To say that is a minor error by someone employed by the Crown does not take into account the effect on accused persons.

"The law is for them as well.

"To say that it's human error and people just have to put up with it, that it's not systemic, that the Crown didn't mean it, we are left in a situation of — what are the values of any time limits?

"I appreciate there has been a global pandemic — the time limits have been extended because of it — and the Crown didn't prosecute within those limits."

Solicitor Aidan Gallagher said: "From a defence point of view, if we missed a time limit I don't think that an argument of simple human error would satisfy the court.

"Therefore, the [Crown's] application seeking a further retrospective time bar should, in my respectful submission, be refused.

"The Crown infers that the error was minor. I would argue not.

"Pressure of business [caused by the pandemic] is not an argument that the court should accept."

Fiscal depute Mr McDonald said: "The impact of the pandemic has been massive.

"Human error, regardless of what system is in place, is going to happen."

Mr McDonald said that the case being defended by Mr Gallagher had multiple accused people and there is no prospect at present of those cases coming to trial due to restrictions court operations as a result of Covid.

Responding to Mr Tod, the fiscal depute said that the accused in that case is on bail and trials involving people being held in custody are treated as priorities under the current rules.

Mr McDonald added: "Applying the logic submitted, the Crown had five days to bring the matter to trial."

Sheriff Joseph Hughes granted the Crown's application to further extended the time bars in the cases.

The sheriff said: "I am satisfied that there has been no systemic failure and I am satisfied from oral and written submissions that there is sufficient reason for me to exercise my discretion."

He added: "Mr Tod, I am very grateful for your passionate submissions.

"I have reflected very carefully on all authorities and I am of the view that there is justification in granting an extension [to the time bar].

The cases are due to call in court again on September 7.