CHERYL LITTLE (HMA V ANSTRUTHER) [2001] ScotSC 19 (21st September, 2001)

CHERYL LITTLE (HMA V ANSTRUTHER) [2001] ScotSC 19 (21st September, 2001)

The sheriff's summary finding of prevarication did not violate Article 6 ECHR because the sheriff was performing a judicial function, not acting as prosecutor, and the witness was afforded legal advice and opportunity to purge contempt. The established practice of summary contempt findings is compatible with the requirements of an independent and impartial tribunal.

Citation
[2001] ScotSC 19
Parties
Witness/contemnor: Cheryl Little; Accused: Craig Anstruther; Prosecutor: Her Majesty's Advocate (HMA)
Jurisdiction
Scotland
Procedural Posture
Criminal / Post Trial Contempt Finding and Submissions on Prevarication
Outcome
Submissions by the witness's solicitor on the contempt finding were repelled; the finding of prevarication stands.
Legal Topics
Prevarication, Perjury, Contempt of Court, Fair Trial, Impartial Tribunal, European Convention on Human Rights Article 6
Criminal Law Contempt of Court Human Rights Law Prevarication Perjury Fair Trial Impartial Tribunal European Convention on Human Rights Article 6

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Parties

Cheryl Little

Witness/contemnor

Craig Anstruther

Accused

Her Majesty's Advocate (HMA)

Prosecutor

Procedural Posture

Criminal / Post Trial Contempt Finding and Submissions on Prevarication

Legal Issues

  1. 1 Whether the sheriff's summary finding of prevarication against a witness violated Article 6 ECHR right to a fair hearing before an independent and impartial tribunal
  2. 2 Whether the sheriff acted as both judge and prosecutor in contempt proceedings
  3. 3 Whether the established practice of summary contempt findings is compatible with Convention rights

Ratio Decidendi

The sheriff's summary finding of prevarication did not violate Article 6 ECHR because the sheriff was performing a judicial function, not acting as prosecutor, and the witness was afforded legal advice and opportunity to purge contempt. The established practice of summary contempt findings is compatible with the requirements of an independent and impartial tribunal.

Court Disposition

Submissions by the witness's solicitor on the contempt finding were repelled; the finding of prevarication stands.

Orders

  • Finding of prevarication against Cheryl Little affirmed
  • Witness released on bail to appear for sentencing