Strathern v Procurator Fiscal, Paisley

Contempt of court – Witness – Failure to attend trial diet. High Court of Justiciary: Passing a bill of suspension brought by a complainer who was the victim of an assault and was cited as a witness to give evidence at the trial of his alleged assailant but who failed to attend the trial diet and was found to have been in contempt of court, the court concluded that in the particular circumstances of the case—namely that the night before the court diet the complainer's eight‑year‑old son had had an accident requiring surgery for a broken shoulder bone—the high test for contempt had not been met, and it quashed the finding of contempt.

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