HM Advocate v Auld

Criminal evidence and procedure – Setting aside acquittal – New prosecution –Alleged admissions. High Court of Justiciary: In an application by the Crown to set aside an acquittal and grant authority to bring a new prosecution, relying on alleged admissions made or becoming known after the date of acquittal, the respondent having stood trial for murder in 1992 and jury having found the charge against him not proven, the court held that the statements relied on could not reasonably and fairly be construed as admissions, except for a statement made to a prison officer, however that statement was inadmissible and accordingly the application must fail.

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