Robertson & Anor v. Her Majesty's Advocate [2007] ScotHC HCJAC_63 (07 November 2007)

Robertson & Anor v. Her Majesty's Advocate [2007] ScotHC HCJAC_63 (07 November 2007)

Summary contempt proceedings by the presiding judge are compatible with Article 6 ECHR and common law unless the contempt is a direct insult to the judge personally. Nakedness in court, absent intent to disrespect, does not automatically constitute contempt. Prevarication by a witness is contempt, and summary punishment is appropriate. The procedures adopted by the sheriffs did not breach the requirements of impartiality or fair hearing under Article 6 or common law.

Citation
[2007] ScotHC HCJAC_63
Parties
Petitioner: Stewart Robertson; Complainer: Stephen Peter Gough; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
07 November 2007
Procedural Posture
Appeal and Petition / Judgment on Petition and Bills of Suspension
Outcome
Petition and bills of suspension refused.
Legal Topics
Contempt of Court, Prevarication, Fair Trial, Impartiality, Freedom of Expression
Criminal Law Human Rights Law Procedural Law Contempt of Court Prevarication Fair Trial Impartiality Freedom of Expression

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Parties

Stewart Robertson

Petitioner

Stephen Peter Gough

Complainer

Her Majesty's Advocate

Respondent

Procedural Posture

Appeal and Petition / Judgment on Petition and Bills of Suspension

Legal Issues

  1. 1 Whether summary contempt proceedings violate Article 6 ECHR requirements for impartiality and fair hearing
  2. 2 Whether nakedness in court constitutes contempt
  3. 3 Whether prevarication by a witness is contempt

Ratio Decidendi

Summary contempt proceedings by the presiding judge are compatible with Article 6 ECHR and common law unless the contempt is a direct insult to the judge personally. Nakedness in court, absent intent to disrespect, does not automatically constitute contempt. Prevarication by a witness is contempt, and summary punishment is appropriate. The procedures adopted by the sheriffs did not breach the requirements of impartiality or fair hearing under Article 6 or common law.

Court Disposition

Petition and bills of suspension refused.

Orders

  • Findings of contempt and penalties upheld.
  • No breach of Article 6 or common law established.