McInnes (Appellant) v Her Majesty's Advocate (Respondent) (Scotland)

Case summary

Case ID

UKSC/2009/0128

Parties

Appellant(s)

Paul McInnes

Respondent(s)

Her Majesty’s Advocate

Advocate General for Scotland

Intervener(s)

Advocate General for Scotland

Issue

Whether the High Court of Justiciary erred in law by holding that a 'real risk of prejudice' must be established, as opposed to the mere possibility of prejudice per Holland v HMA, 2005 1 SC (PC) 1 (Lord Rodger at para 88), in order for a trial to be rendered unfair contrary to article 6 ECHR.

Facts

The Appellant was convicted of attempted murder and sentenced to eight years imprisonment. A prosecution witness gave evidence identifying the Appellant as the person who initiated a group attack on the victim by kicking him to the ground. The Prosecution did not disclose that at an identification parade the witness had stated that one of the other accused and an actor participating in the parade ‘might’ have been the person whom he saw initiate the attack on the victim.

Date of issue

13 March 2009

Judgment appealed

Linked cases

Judgment details

Judgment date

10 February 2010

Neutral citation

[2010] UKSC 7

Judgment links

Judgment summary

10 February 2010

Appeal

Justices

Hearing dates

Full hearing

Start date

8 December 2009

End date

9 December 2009

Half hearing

Start date

10 December 2009

End date

10 December 2009

Watch hearings

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