H. M. Advocate v Bell
| Jurisdiction | Scotland |
| Judgment Date | 01 July 1936 |
| Date | 01 July 1936 |
| Docket Number | No. 15. |
| Court | High Court of Justiciary |
HIGH COURT.
Lord Justice-Clerk.
Administration of Justice—Contempt of Court in criminal trial—Wilful failure to obey citation as witness—Procedure—Petition and complaint at instance of His Majesty's Advocate against offender.
A material witness for the Crown in a criminal trial in the High Court failed to obey his citation. He was arrested in England, where he had fled, and was brought to Scotland. He gave evidence for the Crown before the completion of the trial.
A petition and complaint against him was thereupon presented to the High Court by His Majesty's Advocate, averring that the actings of the respondent were an attempt to pervert the ends of justice, and constituted a gross contempt of Court; and craving the Court to inflict on the respondent such punishment as the case might require. Answers were lodged by the respondent, who averred that his failure to obey the citation was caused by threat of personal violence at the hands of the accused's friends. The Court found the respondent guilty of contempt of Court, and imposed a sentence of one month's imprisonment.
The Right Honourable Thomas Mackay Cooper, His Majesty's Advocate, presented to the High Court of Justiciary a petition and complaint against James Bell, Hawthorn Cottage, Station Road, Armadale, West Lothian, craving the Court to inflict upon the respondent such punishment as the nature of the case seemed to the Court to require, in respect that he had failed to obey a citation to attend as a witness at a criminal trial in the High Court in Edinburgh on 15th June 1936. The petition and complaint was served upon the respondent and answers were lodged by him.
The petition and complaint and answers set forth:—1. "That at the sitting of the High Court of Justiciary, held in Edinburgh on 15th, 16th, 17th and 18th June 1936, Roderick Maxwell and Robert Edwards Gilchrist, both then prisoners in the Prison of Edinburgh, were brought to trial in the said High Court, before the Right Honourable The Lord Justice-Clerk and a jury, upon an indictment charging them with the crime of theft, assault and robbery. A print of the indictment is produced herewith." 2. "That James Bell, Hawthorn Cottage, Station Road, Armadale, West Lothian, was included in the list of witnesses annexed to said indictment and was duly cited to attend said sitting of the High Court of Justiciary at Edinburgh on 15th June 1936. The officer's execution of citation is produced herewith." (Ans. 1 and 2) "Admitted under reference to the said indictment and execution of citation." 3. "That on 15th June 1936 information was received by your petitioner that said...
To continue reading
Request your trial
-
EXPRESS Newspapers Plc PETITIONERS
...Justiciary dated 29 June 1998 whereby the petitioners were fined £50,000 for contempt of court. Cases referred to: Advocate (HM) v BellSC 1936 JC 89 Advocate (HM) v HassanSC 1971 JC 35 Advocate (HM) v Lowson (1909) 6 Adam 118 Advocate (HM) v Scotsman Publications Ltd [not reported] (1998) G......
-
Petition To The Nobile Officium By Cameron Lyons Against Procurator Fiscal, Selkirk
...358, LJC (Macdonald) at 363). The fact that the witness subsequently appears will not necessarily affect that position (HM Advocate v Bell 1936 JC 89, LJC (Aitchison) at 92). In this case the petitioner deliberately did not turn up to court in order to avoid giving evidence against the accu......