Dickie, Her Majesty's Advocate v [2002] ScotHC 3 (14 February 2002)

Dickie, Her Majesty's Advocate v [2002] ScotHC 3 (14 February 2002)

Neither counsel (Mr. Gray) nor solicitor (Mr. Crawford) was found in contempt of court because, although there were serious errors and gross recklessness (particularly by Mr. Crawford), there was insufficient evidence of wilful defiance or intentional disrespect to the court as required by law for a finding of contempt.

Citation
[2002] ScotHC 3
Parties
Prosecutor: Her Majesty's Advocate; Accused: Graeme George Dickie
Jurisdiction
Scotland
Judgment Date
14 February 2002
Procedural Posture
Criminal / Interlocutory Ruling on Contempt of Court
Outcome
No finding of contempt of court against either counsel or solicitor.
Legal Topics
Contempt of Court, Professional Conduct of Advocates, Professional Conduct of Solicitors, Court Procedure, Adjournment of Trials
Criminal Law Legal Profession Regulation Contempt of Court Professional Conduct of Advocates Professional Conduct of Solicitors Court Procedure Adjournment of Trials

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Parties

Her Majesty's Advocate

Prosecutor

Graeme George Dickie

Accused

Procedural Posture

Criminal / Interlocutory Ruling on Contempt of Court

Legal Issues

  1. 1 Whether the conduct of counsel (Mr. Gray) and solicitor (Mr. Crawford) amounted to contempt of court due to failures in arranging representation for the accused, causing disruption to court proceedings.

Ratio Decidendi

Neither counsel (Mr. Gray) nor solicitor (Mr. Crawford) was found in contempt of court because, although there were serious errors and gross recklessness (particularly by Mr. Crawford), there was insufficient evidence of wilful defiance or intentional disrespect to the court as required by law for a finding of contempt.

Court Disposition

No finding of contempt of court against either counsel or solicitor.

Orders

  • No contempt found against Mr. Gray (counsel).
  • No contempt found against Mr. Crawford (solicitor).