PROCURATOR FICAL, DUNDEE v. JR + SAR [2013] ScotSC 106 (19 November 2013)

PROCURATOR FICAL, DUNDEE v. JR + SAR [2013] ScotSC 106 (19 November 2013)

Although the statutory conditions for making a witness anonymity order were technically met, the Crown failed to provide case-specific evidence of a real or exceptional risk justifying the exercise of discretion in favour of anonymity. The seriousness of the offence and the operational needs of the police were...

Source-derived case information.

Citation
[2013] ScotSC 106
Parties
Prosecutor: Procurator Fiscal, Dundee; Accused: JR; Accused: SAR
Jurisdiction
Scotland
Judgment Date
19 November 2013
Procedural Posture
Criminal Summary Complaint / Interlocutory Application for Witness Anonymity Order
Outcome
application for witness anonymity order refused
Legal Topics
Witness Anonymity, Public Interest, Fair Trial, Drug Offences
Criminal Law Evidence Witness Anonymity Public Interest Fair Trial Drug Offences

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Parties

Procurator Fiscal, Dundee

Prosecutor

JR

Accused

SAR

Accused

Procedural Posture

Criminal Summary Complaint / Interlocutory Application for Witness Anonymity Order

Legal Issues

  1. 1 Whether a witness anonymity order should be granted for undercover police officers in a summary prosecution for street-level drug dealing.

Ratio Decidendi

Although the statutory conditions for making a witness anonymity order were technically met, the Crown failed to provide case-specific evidence of a real or exceptional risk justifying the exercise of discretion in favour of anonymity. The seriousness of the offence and the operational needs of the police were insufficient grounds in the absence of specific threats or exceptional circumstances.

Court Disposition

application for witness anonymity order refused

Orders

  • Leave to appeal granted ex proprio motu in terms of s271V(2)(b)