HM Advocate v Edwards [2012] ScotHC HCJ_9 (10 January 2012)

HM Advocate v Edwards [2012] ScotHC HCJ_9 (10 January 2012)

A judge of the High Court of Justiciary has jurisdiction to grant a common law warrant authorising the taking of DNA and fingerprint samples. However, in the present case, the Crown failed to establish special circumstances justifying the grant of such warrants, as the unlawful collection of samples was due to a systemic failure rather than an isolated administrative error. The balance of interests did not favour granting the warrants given the late stage of proceedings and limited probative value of the evidence sought.

Citation
[2012] ScotHC HCJ_9
Parties
Prosecutor: Her Majesty's Advocate; First Accused: William Edwards; Second Accused: David Alexander
Jurisdiction
Scotland
Judgment Date
10 January 2012
Procedural Posture
Criminal / Application for Common Law Warrant to Take DNA and Fingerprint Samples
Outcome
applications refused
Legal Topics
Jurisdiction of High Court to Grant Common Law Warrants, Admissibility of DNA and Fingerprint Evidence, Special Circumstances for Granting Warrants, Balance Between Public Interest and Accused's Rights
Criminal Law Evidence Law Jurisdiction of High Court to Grant Common Law Warrants Admissibility of DNA and Fingerprint Evidence Special Circumstances for Granting Warrants Balance Between Public Interest and Accused's Rights

Case Brief

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Parties

Her Majesty's Advocate

Prosecutor

William Edwards

First Accused

David Alexander

Second Accused

Procedural Posture

Criminal / Application for Common Law Warrant to Take DNA and Fingerprint Samples

Legal Issues

  1. 1 Whether a judge of the High Court of Justiciary has jurisdiction to grant a common law warrant authorising the taking of DNA and fingerprint samples from accused persons
  2. 2 Whether special circumstances exist to justify granting such warrants after unlawful collection of samples
  3. 3 Whether the balance of public interest and the rights of the accused favours granting the warrants

Ratio Decidendi

A judge of the High Court of Justiciary has jurisdiction to grant a common law warrant authorising the taking of DNA and fingerprint samples. However, in the present case, the Crown failed to establish special circumstances justifying the grant of such warrants, as the unlawful collection of samples was due to a systemic failure rather than an isolated administrative error. The balance of interests did not favour granting the warrants given the late stage of proceedings and limited probative value of the evidence sought.

Court Disposition

applications refused

Orders

  • Applications for common law warrants to take DNA and fingerprint samples from William Edwards and David Alexander are refused.