HER MAJESTY'S ADVOCATE v. STEPHEN ROBERT KELLY [2001] ScotHC 7 (20th February, 2001)

HER MAJESTY'S ADVOCATE v. STEPHEN ROBERT KELLY [2001] ScotHC 7 (20th February, 2001)

The objection to the admissibility of the blood test results is repelled because the evidence was obtained voluntarily, with informed consent, and without illegality or impropriety. The accused authorised disclosure of the results to the prison medical authorities, varying the original confidential relationship. The law does not exclude such evidence, and the public interest in prosecuting serious crime outweighs any claim of unfairness or breach of privilege.

Citation
[2001] ScotHC 7
Parties
Prosecution: Her Majesty's Advocate; Accused: Stephen Robert Kelly
Jurisdiction
Scotland
Procedural Posture
Criminal / Interlocutory Ruling on Admissibility of Evidence During Trial
Outcome
objection to admissibility of blood test evidence repelled
Legal Topics
Admissibility of Evidence, Doctor Patient Confidentiality, Privilege Against Self Incrimination, Fairness in Criminal Proceedings
Criminal Law Evidence Law Medical Law Admissibility of Evidence Doctor Patient Confidentiality Privilege Against Self Incrimination Fairness in Criminal Proceedings

Case Brief

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Parties

Her Majesty's Advocate

Prosecution

Stephen Robert Kelly

Accused

Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 Whether the results of blood tests taken from the accused in prison are admissible in evidence given issues of confidentiality and self-incrimination.
  2. 2 Whether admitting such evidence would be unfair to the accused.

Ratio Decidendi

The objection to the admissibility of the blood test results is repelled because the evidence was obtained voluntarily, with informed consent, and without illegality or impropriety. The accused authorised disclosure of the results to the prison medical authorities, varying the original confidential relationship. The law does not exclude such evidence, and the public interest in prosecuting serious crime outweighs any claim of unfairness or breach of privilege.

Court Disposition

objection to admissibility of blood test evidence repelled

Orders

  • Evidence of the results of the three blood tests is admissible.