Henderson v HM Advocate

Criminal evidence – Non-disclosure of evidence – CCTV images. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of a breach of the peace and who appealed on the basis that his law agent had requested CCTV images prior to the trial but that the police or the Crown had destroyed them, either because they were of no evidential value to the Crown or because they were unclear, the court held that the non-availability of the CCTV images had not resulted in an unfair trial and a miscarriage of justice as a number of options had been open to the appellant which, coupled with any associated directions to the jury, ought to have ensured a fair trial, and there was no basis for thinking that the production of the CCTV images or stills taken from them would have made any difference to the jury's verdict.

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