HER MAJESTY'S ADVOCATE AGAINST THOMAS ROBERTSON [2015] ScotSC 12 (20 February 2015)

HER MAJESTY'S ADVOCATE AGAINST THOMAS ROBERTSON [2015] ScotSC 12 (20 February 2015)

Actual fear or alarm need not be suffered by a witness for a charge under section 38(1) of the 2010 Act to be relevant; however, evidence obtained during medical/psychiatric assessments where there is an expectation of confidentiality and full disclosure is encouraged is inadmissible as it would be unfair to admit such evidence.

Citation
[2015] ScotSC 12
Parties
Prosecutor: Her Majesty's Advocate; Accused: Thomas Robertson
Jurisdiction
Scotland
Judgment Date
20 February 2015
Procedural Posture
Criminal / Pre Trial Ruling on Relevancy and Admissibility of Evidence
Outcome
Minute sustained in relation to admissibility; evidence excluded; preliminary plea as to relevancy repelled.
Legal Topics
Threatening or Abusive Behaviour, Admissibility of Evidence, Confidentiality in Medical Assessments, Section 38 Criminal Justice and Licensing (scotland) Act 2010
Criminal Law Evidence Law Mental Health Law Threatening or Abusive Behaviour Admissibility of Evidence Confidentiality in Medical Assessments Section 38 Criminal Justice and Licensing (scotland) Act 2010

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Parties

Her Majesty's Advocate

Prosecutor

Thomas Robertson

Accused

Procedural Posture

Criminal / Pre Trial Ruling on Relevancy and Admissibility of Evidence

Legal Issues

  1. 1 Whether charges 2 and 3 under section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 are relevantly stated without evidence of actual fear or alarm
  2. 2 Whether evidence obtained during medical/psychiatric assessments is admissible given expectations of confidentiality

Ratio Decidendi

Actual fear or alarm need not be suffered by a witness for a charge under section 38(1) of the 2010 Act to be relevant; however, evidence obtained during medical/psychiatric assessments where there is an expectation of confidentiality and full disclosure is encouraged is inadmissible as it would be unfair to admit such evidence.

Court Disposition

Minute sustained in relation to admissibility; evidence excluded; preliminary plea as to relevancy repelled.

Orders

  • Evidence of witnesses in relation to responses given during medical/psychiatric assessments forming the basis of charges 2 and 3 is excluded.
  • Preliminary plea as to relevancy of charges 2 and 3 is repelled.