Her Majesty's Advocate v. Mola [2007] ScotHC HCJ_02 (07 February 2007)

Her Majesty's Advocate v. Mola [2007] ScotHC HCJ_02 (07 February 2007)

The court had statutory power to make the section 11 order prohibiting publication of identifying information, and the order was justified by compelling medical evidence that disclosure would endanger the complainer's mental health and impede justice, with no countervailing public interest in disclosure.

Citation
[2007] ScotHC HCJ_02
Parties
Prosecutor: Her Majesty's Advocate; Accused: Giovanni Mola
Jurisdiction
Scotland
Judgment Date
07 February 2007
Procedural Posture
Criminal / Interlocutory Order/opinion
Outcome
Order prohibiting publication of identifying information made final; no challenge sustained.
Legal Topics
Anonymity Orders, Media Reporting Restrictions, Sexual Offences, Court Powers
Criminal Law Contempt of Court Media Law Anonymity Orders Media Reporting Restrictions Sexual Offences Court Powers

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 3 Party arguments 2
Sign in to unlock

Parties

Her Majesty's Advocate

Prosecutor

Giovanni Mola

Accused

Procedural Posture

Criminal / Interlocutory Order/opinion

Legal Issues

  1. 1 Competency of section 11 order under Contempt of Court Act 1981 in Scotland
  2. 2 Scope of court's power to withhold information from the public
  3. 3 Appropriateness of restricting media reporting to protect complainer's identity

Ratio Decidendi

The court had statutory power to make the section 11 order prohibiting publication of identifying information, and the order was justified by compelling medical evidence that disclosure would endanger the complainer's mental health and impede justice, with no countervailing public interest in disclosure.

Court Disposition

Order prohibiting publication of identifying information made final; no challenge sustained.

Orders

  • Prohibition on media reporting of any proceedings revealing or tending to reveal the name, age, address, nature of employment, ethnic origin or nationality of the complainer and witness number 14, and the date of death of the complainer's mother, effective immediately and for an indefinite period.