Robertson v HM Advocate

In Robertson v. HM Advocate [1] the High Court of Justiciary held that the conviction of an individual (“the Naked Rambler”) for contempt of court in the face of his repeated appearances before the court naked did not constitute a violation of his Article 10 rights to free expression. The application of the law of contempt to him, was said, merely restricted his right to express his views in his chosen manner and if he sought to express the view that an individual had the right to be naked at all times and in all places, there was nothing to prevent his doing so orally or in writing while remaining properly dressed in court.

This case is available here.

Aidan O’Neill

 


[1] Robertson v. HM Advocate, 2007 SLT 1153

Art. 10 Freedom of Expression, Criminal Law and Criminal Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.