[HER MAJESTY'S ADVOCATE v JRD [2015] ScotHC HCJ_85 (05 October 2015)
The inclusion by the Crown of serious allegations in the indictment for which there was no evidential foundation constituted oppression, resulting in an unfair trial for the accused. The prejudice caused could not be remedied by any direction or action by the court. The only appropriate remedy was to desert the indictment simpliciter, thereby ending the prosecution permanently.
- Citation
- [2015] ScotHC HCJ_85
- Parties
- Prosecution: Her Majesty's Advocate; Accused: JRD
- Jurisdiction
- Scotland
- Judgment Date
- 05 October 2015
- Procedural Posture
- Criminal / Trial
- Outcome
- indictment deserted simpliciter
- Legal Topics
- Oppression, Sexual Offences, Fair Trial, Prosecutorial Misconduct
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty's Advocate
Prosecution
JRD
Accused
Procedural Posture
Criminal / Trial
Legal Issues
- 1 Whether inclusion of allegations without evidential foundation in the indictment constituted oppression and denied the accused a fair trial.
- 2 What remedy is appropriate when oppression by the Crown is established.
Ratio Decidendi
The inclusion by the Crown of serious allegations in the indictment for which there was no evidential foundation constituted oppression, resulting in an unfair trial for the accused. The prejudice caused could not be remedied by any direction or action by the court. The only appropriate remedy was to desert the indictment simpliciter, thereby ending the prosecution permanently.
Court Disposition
indictment deserted simpliciter
Orders
- The indictment is deserted simpliciter.
Full Case Text
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