Siddique (Note) [2007] ScotHC HC_1 (06 November 2007)

Siddique (Note) [2007] ScotHC HC_1 (06 November 2007)

Remarks by the solicitor may constitute contempt as they appear to challenge the authority and integrity of the court, jury, prosecutor, and witnesses, and may be untrue or misleading; due to the nature and source of the statements, further procedure is required to determine contempt, to be presided over by a judge other than the trial judge.

Citation
[2007] ScotHC HC_1
Parties
Solicitor for Panel: M. Aamer Anwar; Panel/accused: Mohammed Atif Siddique; Prosecutor: Principal Advocate Depute
Jurisdiction
Scotland
Judgment Date
06 November 2007
Procedural Posture
Criminal Contempt Inquiry / Post Verdict, Pre Sentencing, Remitted for Further Hearing
Outcome
Matter remitted for determination by High Court in Edinburgh, before a different judge; further hearing to be fixed.
Legal Topics
Solicitor Conduct, Media Statements, Fair Trial, Jury Criticism, Court Authority
Criminal Law Contempt of Court Professional Ethics Solicitor Conduct Media Statements Fair Trial Jury Criticism Court Authority

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

M. Aamer Anwar

Solicitor for Panel

Mohammed Atif Siddique

Panel/accused

Principal Advocate Depute

Prosecutor

Procedural Posture

Criminal Contempt Inquiry / Post Verdict, Pre Sentencing, Remitted for Further Hearing

Legal Issues

  1. 1 Whether solicitor's public statements constitute contempt of court
  2. 2 Appropriate procedure for contempt determination
  3. 3 Professional obligations of solicitors regarding media statements

Ratio Decidendi

Remarks by the solicitor may constitute contempt as they appear to challenge the authority and integrity of the court, jury, prosecutor, and witnesses, and may be untrue or misleading; due to the nature and source of the statements, further procedure is required to determine contempt, to be presided over by a judge other than the trial judge.

Court Disposition

Matter remitted for determination by High Court in Edinburgh, before a different judge; further hearing to be fixed.

Orders

  • Agent to be present or represented at hearing.
  • Further procedure to be discussed and determined at hearing.