THE LORD ADVOCATE v. SCOTTISH MEDIA NEWSPAPERS ETC [1999] ScotHC 152 (8th June, 1999)

THE LORD ADVOCATE v. SCOTTISH MEDIA NEWSPAPERS ETC [1999] ScotHC 152 (8th June, 1999)

The publication of the article did not create a substantial risk that the deliberations of the jury would be so affected as to give rise to serious prejudice to the course of justice; therefore, the statutory test for contempt was not satisfied.

Citation
[1999] ScotHC 152
Parties
Petitioner: Her Majesty's Advocate; Respondents: Scottish Media Newspapers Limited & Others
Jurisdiction
Scotland
Procedural Posture
Petition to the Nobile Officium for Contempt of Court / Judgment on Petition
Outcome
petition dismissed
Legal Topics
Contempt of Court, Freedom of Expression, Media Reporting of Criminal Proceedings, Jury Prejudice
Criminal Law Media Law Contempt of Court Freedom of Expression Media Reporting of Criminal Proceedings Jury Prejudice

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Parties

Her Majesty's Advocate

Petitioner

Scottish Media Newspapers Limited & Others

Respondents

Procedural Posture

Petition to the Nobile Officium for Contempt of Court / Judgment on Petition

Legal Issues

  1. 1 Whether publication of a newspaper article constituted contempt of court under the Contempt of Court Act 1981 by creating a substantial risk of serious prejudice to ongoing criminal proceedings.

Ratio Decidendi

The publication of the article did not create a substantial risk that the deliberations of the jury would be so affected as to give rise to serious prejudice to the course of justice; therefore, the statutory test for contempt was not satisfied.

Court Disposition

petition dismissed

Orders

  • Petition for contempt of court dismissed.