Jones & Anor v HM Advocate [2009] ScotHC HCJAC_86 (30 October 2009)

Jones & Anor v HM Advocate [2009] ScotHC HCJAC_86 (30 October 2009)

Entrapment, properly understood in Scots law, is a matter of oppression and should be raised by a plea in bar of trial. The essential vice is the creation of crime by the state for the purpose of prosecution. The appropriate remedy is to bring the proceedings to an end, not merely to exclude evidence. In this case, as the conspiracy was already underway before police involvement and there was no instigation by the police, the requirements for entrapment were not met.

Citation
[2009] ScotHC HCJAC_86
Parties
First Appellant: Calum Jones; Second Appellant: John Doyle; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
30 October 2009
Procedural Posture
Criminal Appeal / Appeal Under Section 74 of the Criminal Procedure (scotland) Act 1995
Outcome
Appeals dismissed
Legal Topics
Entrapment, Abuse of Process, Oppression, Admissibility of Evidence, Article 6 ECHR, Fair Trial
Criminal Law Human Rights Law Entrapment Abuse of Process Oppression Admissibility of Evidence Article 6 ECHR Fair Trial

Case Brief

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Parties

Calum Jones

First Appellant

John Doyle

Second Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Under Section 74 of the Criminal Procedure (scotland) Act 1995

Legal Issues

  1. 1 What is the proper framework for addressing entrapment in Scots law?
  2. 2 Is entrapment a matter of evidence admissibility or a plea in bar of trial?
  3. 3 What are the requirements for a successful entrapment claim?

Ratio Decidendi

Entrapment, properly understood in Scots law, is a matter of oppression and should be raised by a plea in bar of trial. The essential vice is the creation of crime by the state for the purpose of prosecution. The appropriate remedy is to bring the proceedings to an end, not merely to exclude evidence. In this case, as the conspiracy was already underway before police involvement and there was no instigation by the police, the requirements for entrapment were not met.

Court Disposition

Appeals dismissed

Orders

  • No plea in bar of trial sustained
  • Prosecution to proceed