THE prosecution of a Greenock man accused of unlawful possession of a screwdriver has been delayed until next year after the Crown challenged a ruling that the item is not bladed or sharply pointed.

Sheriff Joseph Hughes reached the conclusion after prosecutors argued that such a decision could make the carrying of screwdrivers in Inverclyde and elsewhere as potential weapons 'more commonplace'.

Accused man Michael Docherty is facing an indictment allegation that he had a screwdriver in the pocket of his jeans at Greenock's Sir Michael Street at nearly one o'clock in the morning.

The Crown says that he committed the alleged offence whilst breaching a night-time bail curfew to be at his home in Rothesay.

Docherty is being prosecuted under section 49 of the Criminal Law (Consolidation) (Scotland) Act, which prohibits possession of bladed or sharply pointed items without a reasonable excuse.

Sheriff Hughes, in a ruling delivered in September, stated: "I have concluded that it is not appropriate to conclude that this wedge-shaped flat headed screwdriver should be covered by the terms of section 49.

"To allow this screwdriver, in this particular case, to fall within the terms of Section 49 would give the section an extremely wide ambit."

The sheriff said he agreed with Lord Justice Buxton, who ruled in AN English case in 1998, when he stated: "The test cannot be...whether the article is capable of causing injury.

"If that were the test there would be no need and no justification to do what Parliament has specifically done, and limit the section to bladed items and sharp instruments."

His decision came after Docherty's lawyer, Gerry Keenan, argued that the legislation 'never intended that this type of article should fall within the terms of section 49'.

The Crown immediately launched an appeal against Sheriff Hughes' ruling, however, the outcome is still awaited.

Fiscal depute David McDonald stated during a legal debate: "This isn't a man who has been found with a screwdriver in a toolbox or a tool belt.

"It was found on his person, at 12.55am with it sticking out of his jeans pocket."

Solicitor Mr Keenan told the latest calling of Docherty's case that the outcome of the Crown appeal is still awaited.

Sheriff Michael Higgins has continued matters until January 25 for a decision by appeal judges.