Beggs v. The Scottish Ministers [2005] ScotCS CSIH_25 (15 March 2005)

Beggs v. The Scottish Ministers [2005] ScotCS CSIH_25 (15 March 2005)

The Scottish Ministers are competent to be found in contempt of court for breach of an undertaking given to the court. The test for contempt in this context is whether there was a failure by civil servants, in discharging the Ministers' functions, to take reasonable steps to ensure compliance with the undertaking, and whether that failure was so gross as to demonstrate disregard for the importance of the undertaking. In this case, the system for handling privileged correspondence was flawed, the undertaking was not properly disseminated, and the breach was the result of a systemic failure to take the undertaking seriously. The Ministers were therefore in contempt of court.

Citation
[2005] ScotCS CSIH_25
Parties
Minuter: William Beggs; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
15 March 2005
Procedural Posture
Judicial Review (minute for Contempt) / Inner House, Court of Session (first Division) Opinion on Minute for Contempt Following Breach of Undertaking
Outcome
Respondents found in contempt of court for breach of undertaking.
Legal Topics
Contempt of Court, Breach of Undertaking, Prisoners' Rights, Privileged Correspondence, European Convention on Human Rights, Human Rights Act 1998, Scotland Act 1998
Public Law Prison Law Human Rights Law Constitutional Law Contempt of Court Breach of Undertaking Prisoners' Rights Privileged Correspondence +3 more

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Parties

William Beggs

Minuter

The Scottish Ministers

Respondents

Procedural Posture

Judicial Review (minute for Contempt) / Inner House, Court of Session (first Division) Opinion on Minute for Contempt Following Breach of Undertaking

Legal Issues

  1. 1 Whether the Scottish Ministers can be found in contempt of court for breach of an undertaking given to the court.
  2. 2 What is the test for contempt of court in the context of a breach of undertaking by a public authority?
  3. 3 Whether the actions of civil servants amount to contempt attributable to the Ministers.

Ratio Decidendi

The Scottish Ministers are competent to be found in contempt of court for breach of an undertaking given to the court. The test for contempt in this context is whether there was a failure by civil servants, in discharging the Ministers' functions, to take reasonable steps to ensure compliance with the undertaking, and whether that failure was so gross as to demonstrate disregard for the importance of the undertaking. In this case, the system for handling privileged correspondence was flawed, the undertaking was not properly disseminated, and the breach was the result of a systemic failure to take the undertaking seriously. The Ministers were therefore in contempt of court.

Court Disposition

Respondents found in contempt of court for breach of undertaking.

Orders

  • Formal finding of contempt to be made in open court.
  • Order for appearance of the Chief Executive of the Scottish Prison Service and the Governor in charge of HMP Peterhead.