Procurator Fiscal, Paisley v McLean

Criminal evidence and procedure – Admissibility of evidence – CCTV footage – Examination of witnesses. Sheriff Appeal Court: Allowing a Crown appeal in the case of a respondent who was acquitted at trial of charges of driving whilst disqualified/without insurance after the sheriff upheld a defence submission of no case to answer, which followed a successful defence objection to certain evidence being adduced by the Crown, the court held that the sheriff was not entitled to uphold a defence objection to a police officer being asked questions about CCTV footage, and nor was she entitled to refuse the Crown's motion to interrupt the police officer's evidence to lead evidence from a witness in order to establish the provenance of the CCTV footage: the court therefore quashed the acquittal and permitted the Crown to bring a fresh prosecution.

Category: