Her Majesty's Advocate v. Loughlin & Anor [2005] ScotHC HCJ_04 (10 November 2005)

Her Majesty's Advocate v. Loughlin & Anor [2005] ScotHC HCJ_04 (10 November 2005)

All three objections to admissibility of evidence were rejected because civilians did not improperly participate in the search, the warrants had not expired as the search was ongoing, and consent to search the flat was validly obtained without improper inducement.

Citation
[2005] ScotHC HCJ_04
Parties
Prosecutor: Her Majesty's Advocate; First Accused: John Boyd Loughlin; Second Accused: Louise Isabella Marrs
Jurisdiction
Scotland
Judgment Date
10 November 2005
Procedural Posture
Criminal / Preliminary Hearing Determination of Objections to Admissibility of Evidence
Outcome
All objections to admissibility of evidence repelled.
Legal Topics
Admissibility of Evidence, Search and Seizure, Search Warrants, Consent to Search
Criminal Law Evidence Law Admissibility of Evidence Search and Seizure Search Warrants Consent to Search

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Parties

Her Majesty's Advocate

Prosecutor

John Boyd Loughlin

First Accused

Louise Isabella Marrs

Second Accused

Procedural Posture

Criminal / Preliminary Hearing Determination of Objections to Admissibility of Evidence

Legal Issues

  1. 1 Whether evidence obtained during searches was inadmissible due to alleged unlawful participation of civilians
  2. 2 Whether search warrants had expired due to alleged failure to secure premises
  3. 3 Whether search of a flat without a warrant but with alleged coerced consent was lawful

Ratio Decidendi

All three objections to admissibility of evidence were rejected because civilians did not improperly participate in the search, the warrants had not expired as the search was ongoing, and consent to search the flat was validly obtained without improper inducement.

Court Disposition

All objections to admissibility of evidence repelled.

Orders

  • All three objections by the first accused are repelled.