Cordiner, Petitioner
| Jurisdiction | Scotland |
| Judgment Date | 09 February 1973 |
| Docket Number | No. 4. |
| Date | 09 February 1973 |
| Court | High Court of Justiciary |
JC
Lord J.-G. Emslie, Lords Migdale, Cameron.
Jurisdiction—Nobile officium—Contempt of court in civil proceedings—Sentence of imprisonment—Application for interim liberation on caution.
A party litigant in an action of divorce in the Court of Session lost his temper at the end of the case and shouted and bawled in court. He was sentenced by the Lord Ordinary to imprisonment for three years for contempt of court. He thereafter presented a petition to the High Court of Justiciary invoking the nobile officium of the Court and seeking an order for interim liberation on caution.
Held that the High Court of Justiciary had no jurisdiction to interfere with the exercise by the Court of Session of its jurisdiction, and that the petition was accordingly incompetent.
Observed by the Court that: "In future where it is desired to submit to appeal or review a decision on a sentence pronounced by the Sheriff in cases of contempt or alleged contempt arising in the course or out of proceedings in the Sheriff Court, the only competent forum will be either this Court or the Court of Session according as to whether the matter arose out of criminal or civil proceedings"; and that the decisions in Graham v. Robert Younger Ltd., 1955 J.C. 28 and Macleod v. Speirs, (1884) 5 Coup. 387, 11 R (J.) 26 should no longer be regarded as authoritative as to the competency of the procedure adopted in them.
William Buchan Cordiner presented a petition to thenobile officium of the High Court of Justiciary, in which he prayed the Court "to grant warrant for hisinterim liberation from prison on his finding caution to the satisfaction of the Clerk of Justiciary to such amount as your Lordships shall appoint."
The petitioner averred:—"(1) That on 15th November 1972 the petitioner was the defender in an action of divorce being heard by the Honourable Lord Stott. He was a party litigant. While said judge was issuing his opinion which was adverse to the petitioner the latter lost his temper and shouted and bawled. The said judge ordered his apprehension for contempt of Court. (2) That later on the same date the said judge ordered the petitioner to be imprisoned for three years in respect of his contempt of court. (3) That the petitioner who has been in prison since 15th December, 1972 has appealed against said sentence on the ground that it is excessive. Moreover, he has sent a full written apology to Lord Stott in respect of said conduct. (4) That since the imposition of said sentence of imprisonment the petitioner has been visited in prison by his former wife who was accompanied by their child. Despite their divorce they remain on reasonably good terms. (5) That if the petitioner is granted interim liberation he will reside in the house occupied by Mrs. Ruth McGlynn at 26/2 Muirhouse Green, Edinburgh. The petitioner is in straitened financial circumstances and can offer only a small sum in name of caution."
On 2nd February 1973 the Lord Justice-Clerk appointed a copy of the petition to be served on the Rt. Hon. Norman R. Wylie, Her Majesty's Advocate and appointed parties to be heard thereon on 9th February 1973.
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Newland, Petitioner
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