Police door knock call rejected

Prosecutors called for the bail condition at Perth Sheriff Court

Prosecutors have failed in a bid to make a suspect guilty of a crime if they do not answer the door when police officers knock on it.

The Crown tried to make the issue a special bail condition at Perth Sheriff Court for James Mullen, 37, who is accused of breaching a curfew order.

If imposed, the condition would have left Mr Mullen guilty of an offence had he failed to answer his door to police.

Refusing the request, Sheriff Lindsay Foulis said: "It's a new one on me."

When Mr Mullen's defence agent requested his client be freed on bail, fiscal depute Janine Bates said she had no objection as long as the terms were imposed.

She told the court: "The Crown do not oppose bail, with two special conditions - that he is placed on a curfew and that he is to answer the door if police knock on it."

Standard condition

Mr Mullen's solicitor, Paul Ralph, said: "We have no objection to the curfew condition, but I'm not sure about the answering the door condition.

"If he doesn't answer the door then the Crown would be entitled to make certain presumptions anyway."

Sheriff Foulis asked what the reason for the condition was and how it would be applied in practical terms.

Ms Bates said: "It just seems to be a standard condition we ask for now."

However, the sheriff replied: "It's a new one on me and I am not making it a condition of bail."

He granted bail for Mr Mullen, on the condition that he remains within his home at St Catherine's Square, Perth, from 0700 to 1900 each evening.

He denies a charge of breaching a curfew imposed on 24 September this year by being out in Perth on 20 October. He faces a trial in December.