HM Advocate v Sheridan [2011] ScotHC HCJ_001 (18 November 2011)

HM Advocate v Sheridan [2011] ScotHC HCJ_001 (18 November 2011)

Although there was prejudicial publicity, the combined safeguards of the focusing effect of listening to evidence, the passage of time, and special judicial directions were sufficient to remove the risk of prejudice. Therefore, a fair trial was available and the pleas in bar of trial and devolution minutes were refused.

Citation
[2011] ScotHC HCJ_001
Parties
Prosecutor: Her Majesty's Advocate; First Accused: Thomas Sheridan; Second Accused: Gail Sheridan
Jurisdiction
Scotland
Judgment Date
18 November 2011
Procedural Posture
Criminal / Preliminary Plea and Trial Directions
Outcome
preliminary pleas repelled; devolution minutes refused
Legal Topics
Perjury, Prejudicial Publicity, Fair Trial, Jury Directions, Article 6 ECHR
Criminal Law Human Rights Law Perjury Prejudicial Publicity Fair Trial Jury Directions Article 6 ECHR

Case Brief

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Parties

Her Majesty's Advocate

Prosecutor

Thomas Sheridan

First Accused

Gail Sheridan

Second Accused

Procedural Posture

Criminal / Preliminary Plea and Trial Directions

Legal Issues

  1. 1 Whether prejudicial pre-trial publicity rendered a fair trial impossible under article 6 ECHR
  2. 2 Whether the safeguards of time, focusing effect of evidence, and judicial directions could remove risk of prejudice

Ratio Decidendi

Although there was prejudicial publicity, the combined safeguards of the focusing effect of listening to evidence, the passage of time, and special judicial directions were sufficient to remove the risk of prejudice. Therefore, a fair trial was available and the pleas in bar of trial and devolution minutes were refused.

Court Disposition

preliminary pleas repelled; devolution minutes refused

Orders

  • Preliminary pleas in bar of trial based on prejudicial publicity are repelled.
  • Devolution minutes are refused.