MR A, PETITION TO THE NOBILE OFFICIUM BY AGAINST PROCURATOR FISCAL, DUNDEE [2017] ScotHC HCJAC_91 (04 October 2017)

MR A, PETITION TO THE NOBILE OFFICIUM BY AGAINST PROCURATOR FISCAL, DUNDEE [2017] ScotHC HCJAC_91 (04 October 2017)

A sheriff has inherent power at common law to grant anonymity to a complainer in a summary prosecution where necessary in the interests of justice, particularly in extortion cases. Section 11 of the Contempt of Court Act 1981 may be used to prohibit publication of the complainer's identity as an ancillary order. The sheriff erred in refusing the order; the balance of interests favours anonymity to protect victims and the administration of justice.

Citation
[2017] ScotHC HCJAC_91
Parties
Petitioner: Mr A; First Respondent: Procurator Fiscal, Dundee; Third Respondent: News Group Newspapers Ltd; Respondent: BBC (Scotland)
Jurisdiction
Scotland
Judgment Date
04 October 2017
Procedural Posture
Petition to the Nobile Officium / Appeal Against Sheriff's Refusal of Anonymity Order
Outcome
Petition granted
Legal Topics
Anonymity Orders, Open Justice, Contempt of Court, Reporting Restrictions, Victims of Extortion
Criminal Law Media Law Procedural Law Anonymity Orders Open Justice Contempt of Court Reporting Restrictions Victims of Extortion

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 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Mr A

Petitioner

Procurator Fiscal, Dundee

First Respondent

News Group Newspapers Ltd

Third Respondent

BBC (Scotland)

Respondent

Procedural Posture

Petition to the Nobile Officium / Appeal Against Sheriff's Refusal of Anonymity Order

Legal Issues

  1. 1 Does a sheriff have inherent power at common law to grant anonymity to a complainer in a summary prosecution?
  2. 2 Should an order under section 11 of the Contempt of Court Act 1981 be granted to prohibit publication of the petitioner's identity in an extortion case?
  3. 3 What is the correct procedure for granting reporting restrictions in criminal proceedings?

Ratio Decidendi

A sheriff has inherent power at common law to grant anonymity to a complainer in a summary prosecution where necessary in the interests of justice, particularly in extortion cases. Section 11 of the Contempt of Court Act 1981 may be used to prohibit publication of the complainer's identity as an ancillary order. The sheriff erred in refusing the order; the balance of interests favours anonymity to protect victims and the administration of justice.

Court Disposition

Petition granted

Orders

  • Petitioner granted anonymity in the prosecution and petition; to be referred to as 'Mr A'.
  • Order under section 11 of the Contempt of Court Act 1981 prohibiting publication of the petitioner's name or identifying details in connection with the prosecution or petition.