A Dundee man spent a fortnight in prison despite the fact the charge against him had been dropped by prosecutors.
Max MacAskill (25), of Nithsdale Avenue, had been remanded in custody accused of stealing games console controllers from the branch of Game in Murraygate on August 4.
He denied the charge when he appeared from custody on August 6 and was remanded in custody for the trial scheduled for this month.
On August 20 prosecutors wrote to Dundee Sheriff Court saying there was to be no further action against Mr MacAskill. But he was not released from prison and was taken to court on Monday for a pre-trial hearing.
Sheriff Alistair Duff asked why the case was calling when it had been dropped two weeks before only for Mr MacAskill to be brought up the stairs from the cells, handcuffed to a G4S security guard.
Sheriff Duff said: “The letter from the Crown says that following a review it has been decided there will be no further action but he is remanded in custody.
“That letter was written on August 20. So he has been in custody since then, even though the case has been dropped.”
Depute fiscal Emma Stewart said: “I have no explanation as to why this has happened.”
Mr MacAskill, represented by solicitor Michael Short, denied the charge of theft by shoplifting and Miss Stewart said that plea was being accepted by the Crown.
Mr MacAskill declined to comment on the case as he left court having been released from custody.
It is understood the decision not to prosecute him related to evidence that he was elsewhere on the day of the offence.
The Crown Office refused to admit to a blunder, saying the case is under review.
A spokesman said: “The procurator fiscal at Dundee received a report concerning Max MacAskill in connection with an alleged incident occurring on August 4.
“Summary proceedings were raised at Dundee Sheriff Court where he was charged of theft by shoplifting and was remanded in custody.
“It is the duty of the Crown to keep cases under review and continue to make full and careful consideration of the facts and circumstances of the case, including the available admissible evidence.
“The accused appeared in the sheriff court on September 3 when his plea of not guilty was accepted by the Crown.”