HER MAJESTY'S ADVOCATE v. MICHAEL MAC MOWAT [2001] ScotHC 12 (23rd March, 2001)

HER MAJESTY'S ADVOCATE v. MICHAEL MAC MOWAT [2001] ScotHC 12 (23rd March, 2001)

The court held that the previous detentions of the accused were for distinct offences (assault and drug offences) and did not arise out of the same circumstances as the murder investigation; therefore, the detention on 17 December 1999 was lawful under section 14(3). The court further found that the police conduct during the interviews was fair, the accused was experienced and fit to be interviewed, and there was no improper pressure regarding his girlfriend. Accordingly, the confessions and evidence obtained were admissible.

Citation
[2001] ScotHC 12
Parties
Prosecution: Her Majesty's Advocate; Accused: Michael Mac Mowat
Jurisdiction
Scotland
Procedural Posture
Criminal / Trial Within a Trial (voir Dire) on Admissibility of Evidence
Outcome
Objections to admissibility of evidence repelled; evidence admitted.
Legal Topics
Admissibility of Confessions, Police Detention, Unlawful Detention, Fairness of Police Questioning, Section 14 Criminal Procedure (scotland) Act 1995
Criminal Law Evidence Admissibility of Confessions Police Detention Unlawful Detention Fairness of Police Questioning Section 14 Criminal Procedure (scotland) Act 1995

Case Brief

Summary, issues, holding and outcome

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Parties

Her Majesty's Advocate

Prosecution

Michael Mac Mowat

Accused

Procedural Posture

Criminal / Trial Within a Trial (voir Dire) on Admissibility of Evidence

Legal Issues

  1. 1 Whether the detention of the accused on 17 December 1999 was unlawful under section 14(3) of the Criminal Procedure (Scotland) Act 1995 due to previous detentions arising out of the same circumstances
  2. 2 Whether the circumstances of police questioning and confession on 17 December 1999 rendered the resulting evidence inadmissible due to unfairness

Ratio Decidendi

The court held that the previous detentions of the accused were for distinct offences (assault and drug offences) and did not arise out of the same circumstances as the murder investigation; therefore, the detention on 17 December 1999 was lawful under section 14(3). The court further found that the police conduct during the interviews was fair, the accused was experienced and fit to be interviewed, and there was no improper pressure regarding his girlfriend. Accordingly, the confessions and evidence obtained were admissible.

Court Disposition

Objections to admissibility of evidence repelled; evidence admitted.

Orders

  • Crown Productions 22 and 29 admitted without objection.
  • Objections to Crown Productions 23, 25, and 27 repelled; evidence admitted.