Strathern v The Procurator Fiscal, Paisley [2015] ScotHC HCJAC_107 (20 November 2015)

Strathern v The Procurator Fiscal, Paisley [2015] ScotHC HCJAC_107 (20 November 2015)

The complainer's failure to attend court was not a wilful defiance of a court order but resulted from unforeseen emergency circumstances involving his child's injury and hospitalisation; the high test for contempt was not met.

Citation
[2015] ScotHC HCJAC_107
Parties
Complainer: John Strathern; Respondent: Procurator Fiscal, Paisley
Jurisdiction
Scotland
Judgment Date
20 November 2015
Procedural Posture
Bill of Suspension / Appeal Against Finding of Contempt
Outcome
Bill passed; finding of contempt quashed.
Legal Topics
Contempt Proceedings, Wilfulness in Contempt, Witness Obligations, Court Procedure
Criminal Law Contempt of Court Contempt Proceedings Wilfulness in Contempt Witness Obligations Court Procedure

Case Brief

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Parties

John Strathern

Complainer

Procurator Fiscal, Paisley

Respondent

Procedural Posture

Bill of Suspension / Appeal Against Finding of Contempt

Legal Issues

  1. 1 Whether the complainer's failure to attend court amounted to wilful contempt
  2. 2 Whether the sheriff erred in finding contempt without hearing evidence
  3. 3 Whether procedural irregularity in the minute invalidated the contempt finding

Ratio Decidendi

The complainer's failure to attend court was not a wilful defiance of a court order but resulted from unforeseen emergency circumstances involving his child's injury and hospitalisation; the high test for contempt was not met.

Court Disposition

Bill passed; finding of contempt quashed.

Orders

  • The bill of suspension is passed.
  • The finding of contempt against the complainer is quashed.