Her Majesty’s Advocate v Mola: HCJ 7 Feb 2007

The court made a section 11 order to prevent the publication of the identity of a woman who was due to be the principal witness at the trial of a person charged with having recklessly infected her with HIV. There was evidence before the court that the woman’s mental health would be endangered if her identity became publicly known. There was also a risk that the woman would otherwise be unable to give evidence, in which event the prosecution could not proceed.

Lord Hodge
2007 SLT 462, 2007 SCCR 124, [2007] ScotHC HCJ – 02, [2007] HCJ 2, 2007 GWD 8-139
Bailii, ScotC
Contempt of Court Act 1981
Cited by:
CitedA v British Broadcasting Corporation (Scotland) SC 8-May-2014
Anonymised Party to Proceedings
The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Media

Leading Case

Updated: 09 November 2021; Ref: scu.249520