Scottish Daily Record & Anor v. Procurator Fiscal [2009] ScotHC HCJAC_24 (12 March 2009)

Scottish Daily Record & Anor v. Procurator Fiscal [2009] ScotHC HCJAC_24 (12 March 2009)

Where identification is in issue in criminal proceedings, publication of a photograph of the accused creates a substantial risk of prejudice to the course of justice and constitutes contempt of court under section 2(2) of the Contempt of Court Act 1981, unless it can be shown that no such risk exists. The status of the accused as a 'celebrity' does not, without more, negate this risk. The standard of proof is beyond reasonable doubt.

Citation
[2009] ScotHC HCJAC_24
Parties
Petitioner: Scottish Daily Record and Sunday Mail Limited; Respondent: Procurator Fiscal, Edinburgh
Jurisdiction
Scotland
Judgment Date
12 March 2009
Procedural Posture
Petition to the Nobile Officium (contempt of Court) / Appellate Review of Sheriff's Finding of Contempt
Outcome
Petition refused; finding of contempt upheld.
Legal Topics
Strict Liability Rule, Publication of Photographs, Identification Evidence, Freedom of Expression, Right to Fair Trial, Standard of Proof in Contempt Proceedings
Criminal Law Media Law Contempt of Court Strict Liability Rule Publication of Photographs Identification Evidence Freedom of Expression Right to Fair Trial +1 more

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Parties

Scottish Daily Record and Sunday Mail Limited

Petitioner

Procurator Fiscal, Edinburgh

Respondent

Procedural Posture

Petition to the Nobile Officium (contempt of Court) / Appellate Review of Sheriff's Finding of Contempt

Legal Issues

  1. 1 Whether publication of a photograph of an accused person, where identification is in issue, constitutes contempt of court under section 2(2) of the Contempt of Court Act 1981
  2. 2 Whether the status of the accused as a 'celebrity' affects the risk of prejudice from publication
  3. 3 What is the applicable standard of proof for contempt under the 1981 Act

Ratio Decidendi

Where identification is in issue in criminal proceedings, publication of a photograph of the accused creates a substantial risk of prejudice to the course of justice and constitutes contempt of court under section 2(2) of the Contempt of Court Act 1981, unless it can be shown that no such risk exists. The status of the accused as a 'celebrity' does not, without more, negate this risk. The standard of proof is beyond reasonable doubt.

Court Disposition

Petition refused; finding of contempt upheld.

Orders

  • Petition dismissed; the sheriff's finding of contempt and fine of £1750 against the petitioners stands.