Her Majesty's Advocate v.McGee [2005] ScotHC HCJAB_01 (12 October 2005)

Her Majesty's Advocate v.McGee [2005] ScotHC HCJAB_01 (12 October 2005)

Given the highly prejudicial nature of the recent article, its proximity to the trial date, and the centrality of witness credibility, there was a grave risk of prejudice to the accused that could not be adequately addressed by judicial direction. Since the trial could be moved to another venue, the motion for adjournment was granted.

Citation
[2005] ScotHC HCJAB_01
Parties
Prosecutor: Her Majesty's Advocate; Accused: Andrew McGee
Jurisdiction
Scotland
Judgment Date
12 October 2005
Procedural Posture
Criminal / Pre Trial Motion for Adjournment
Outcome
Motion for adjournment granted.
Legal Topics
Prejudice From Media Publicity, Adjournment of Trial, Fair Trial Rights
Criminal Law Procedure Prejudice From Media Publicity Adjournment of Trial Fair Trial Rights

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Parties

Her Majesty's Advocate

Prosecutor

Andrew McGee

Accused

Procedural Posture

Criminal / Pre Trial Motion for Adjournment

Legal Issues

  1. 1 Whether recent prejudicial media coverage created a grave risk of prejudice to the accused's right to a fair trial such that the trial should be adjourned and moved to another venue.

Ratio Decidendi

Given the highly prejudicial nature of the recent article, its proximity to the trial date, and the centrality of witness credibility, there was a grave risk of prejudice to the accused that could not be adequately addressed by judicial direction. Since the trial could be moved to another venue, the motion for adjournment was granted.

Court Disposition

Motion for adjournment granted.

Orders

  • Trial adjourned to the sitting of the High Court in Dundee starting 14 November 2005.
  • Trial to be a dedicated floating trial, floating for 3 days with 6 days allocated.