PROCURATOR FISCAL AGAINST NEIL HUMPHRIES [2014] ScotSC 31 (02 June 2014)

PROCURATOR FISCAL AGAINST NEIL HUMPHRIES [2014] ScotSC 31 (02 June 2014)

Privilege over solicitor/client communications was waived because the accused made the incriminating statement in the presence of the complainer, who had a contrary interest in the case. This constituted an implied waiver of confidentiality, rendering the evidence admissible.

Citation
[2014] ScotSC 31
Parties
Prosecution: Procurator Fiscal; Accused: Neil Humphries
Jurisdiction
Scotland
Judgment Date
02 June 2014
Procedural Posture
Criminal / Trial (trial Within a Trial on Admissibility of Evidence)
Outcome
Objection to admissibility of evidence overruled; evidence admitted.
Legal Topics
Admissibility of Evidence, Solicitor Client Privilege, Waiver of Privilege, Confession
Criminal Law Evidence Law Admissibility of Evidence Solicitor Client Privilege Waiver of Privilege Confession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Procurator Fiscal

Prosecution

Neil Humphries

Accused

Procedural Posture

Criminal / Trial (trial Within a Trial on Admissibility of Evidence)

Legal Issues

  1. 1 Whether statements made by the accused during a solicitor/client meeting are protected by privilege and thus inadmissible as evidence
  2. 2 Whether the presence of the complainer at the meeting constituted a waiver of privilege by the accused

Ratio Decidendi

Privilege over solicitor/client communications was waived because the accused made the incriminating statement in the presence of the complainer, who had a contrary interest in the case. This constituted an implied waiver of confidentiality, rendering the evidence admissible.

Court Disposition

Objection to admissibility of evidence overruled; evidence admitted.

Orders

  • The complainer's evidence of the accused's putative confession is admitted.