PETITION OF THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024] ScotCS CSOH_26 (07 March 2024)

PETITION OF THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024] ScotCS CSOH_26 (07 March 2024)

The respondent wilfully defied a lawfully issued and served subpoena ad testificandum, constituting contempt of court. Despite mitigating factors including health and service record, the seriousness of refusing to give evidence in an Article 2 inquest into deaths involving state agents warranted a custodial sentence. Reporting restrictions and temporary court closure were justified to protect the respondent's safety, but must be limited in scope and duration to balance open justice and press rights.

Citation
[2024] ScotCS CSOH_26
Parties
Petitioner: The Presiding Coroner of Northern Ireland; Defender: Soldier F
Jurisdiction
Scotland
Judgment Date
07 March 2024
Procedural Posture
Contempt of Court Proceedings / Penalty and Mitigation After Finding of Contempt
Outcome
Respondent found in contempt of court and sentenced to 6 months' imprisonment.
Legal Topics
Contempt for Failure to Comply With Subpoena, Reporting Restrictions, Open Justice, Article 2 ECHR Inquests, Article 10 ECHR Press Rights
Criminal Law Contempt of Court Human Rights Law Contempt for Failure to Comply With Subpoena Reporting Restrictions Open Justice Article 2 ECHR Inquests Article 10 ECHR Press Rights

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Parties

The Presiding Coroner of Northern Ireland

Petitioner

Soldier F

Defender

Procedural Posture

Contempt of Court Proceedings / Penalty and Mitigation After Finding of Contempt

Legal Issues

  1. 1 Whether the respondent's refusal to comply with a subpoena ad testificandum constituted contempt of court
  2. 2 Appropriate penalty for contempt in the context of an Article 2 inquest
  3. 3 Justification and scope of reporting restrictions and court closure to protect identity

Ratio Decidendi

The respondent wilfully defied a lawfully issued and served subpoena ad testificandum, constituting contempt of court. Despite mitigating factors including health and service record, the seriousness of refusing to give evidence in an Article 2 inquest into deaths involving state agents warranted a custodial sentence. Reporting restrictions and temporary court closure were justified to protect the respondent's safety, but must be limited in scope and duration to balance open justice and press rights.

Court Disposition

Respondent found in contempt of court and sentenced to 6 months' imprisonment.

Orders

  • Respondent sentenced to 6 months' imprisonment for contempt of court.
  • Warrant granted for removal to prison, with respondent allowed until 10am on 1 March 2024 to surrender.