HM Advocate v Coulter & Anor [2016] ScotHC HCJAC_96 (21 October 2016)

HM Advocate v Coulter & Anor [2016] ScotHC HCJAC_96 (21 October 2016)

The acquittal of the first respondent is set aside and a new prosecution authorised because credible post-acquittal admissions and new evidence substantially strengthen the case and make conviction highly likely, satisfying statutory and interests of justice tests. The applications against the second and third...

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Citation
[2016] ScotHC HCJAC_96
Parties
Applicant: Her Majesty’s Advocate; First Respondent: Ronnie Coulter; Second Respondent: Andrew Alexander Marshall Coulter; Third Respondent: David Shields Montgomery
Jurisdiction
Scotland
Judgment Date
21 October 2016
Procedural Posture
Application Under Double Jeopardy (scotland) Act 2011 / Judgment on Application to Set Aside Acquittals and Authorise New Prosecution
Outcome
Application granted in part; acquittal of first respondent set aside and new prosecution authorised; application refused for second and third respondents.
Legal Topics
Double Jeopardy, New Evidence, Acquittal, Interests of Justice, European Convention on Human Rights
Criminal Law Procedure Double Jeopardy New Evidence Acquittal Interests of Justice European Convention on Human Rights

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Parties

Her Majesty’s Advocate

Applicant

Ronnie Coulter

First Respondent

Andrew Alexander Marshall Coulter

Second Respondent

David Shields Montgomery

Third Respondent

Procedural Posture

Application Under Double Jeopardy (scotland) Act 2011 / Judgment on Application to Set Aside Acquittals and Authorise New Prosecution

Legal Issues

  1. 1 Whether acquittals of murder should be set aside under Double Jeopardy (Scotland) Act 2011
  2. 2 Whether new evidence or admissions justify new prosecution
  3. 3 Compatibility with ECHR Articles 5 and 6

Ratio Decidendi

The acquittal of the first respondent is set aside and a new prosecution authorised because credible post-acquittal admissions and new evidence substantially strengthen the case and make conviction highly likely, satisfying statutory and interests of justice tests. The applications against the second and third respondents are refused as new evidence and admissions do not substantially strengthen the case or make conviction highly likely, and finality outweighs any justification for retrial.

Court Disposition

Application granted in part; acquittal of first respondent set aside and new prosecution authorised; application refused for second and third respondents.

Orders

  • Acquittal of Ronnie Coulter set aside; authority granted for new prosecution.
  • Applications against Andrew Alexander Marshall Coulter and David Shields Montgomery refused.