HM Advocate v Coulter and others

Criminal evidence and procedure – Setting aside acquittal – New prosecution. High Court of Justiciary: In an application by the Crown to set aside the acquittals of each of three respondents relative to the murder of an individual in 1998, the Crown maintaining that subsequent to the acquittals of the first two respondents evidence that each had made certain admissions was discovered and that following the acquittals of all three respondents new evidence had emerged against each of them, the court was satisfied that it was in the interests of justice that the first respondent's acquittal be set aside and it authorised a new prosecution in his case, however it was unable to conclude that it was highly likely that a reasonable jury would have convicted the second and third respondents on the basis of the evidence at their trial together with the new material, including the admissions, and it refused the application in so far as it related to them.

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