Cadder’s Grandchildren: The ‘Free’ Suspect’s Right to a Lawyer

The Appeal Court continues to issue judgements in relation to Cadder-type situations where a suspect claims to have had a right to legal advice ignored by the police and prosecuting authorities. The most recent to be reported is Barrie v HM Advocate [2012] HCJAC 160.  In that case the appellant claimed that incriminating responses made Read more about Cadder’s Grandchildren: The ‘Free’ Suspect’s Right to a Lawyer[…]

Cadder and the Co-accused’s Confession

It has been a while since I last posted, what with holidays and simply not being able to find the time.  While I’ve been away, this interesting little case, decided last year was published on the Scottish Courts website. One of the questions heard in Scottish Courts since the advent of the Cadder decision was Read more about Cadder and the Co-accused’s Confession[…]

We Don’t Need No Corroboration – But is it Just Another Brick in the Wall?

So the Carloway Review recommends the abolition of corroboration. Prominent lawyers have questioned the case for abolition, raising concerns that a vital safeguard against miscarriages of justice would be removed. Victims groups have broadly supported the move. They consider the requirement for crimes in Scotland to be proved by corroborated evidence as an unnecessary barrier Read more about We Don’t Need No Corroboration – But is it Just Another Brick in the Wall?[…]

Son of Cadder – It Won’t End Here!

It was not so long ago that we had one of those big stooshies.  Some bloke in Turkey had got himself verballed by the polis and then some judges in Strasbourg said that’s no fair.  Then seven Scottish judges said, well Turkey’s not Scotland.  We’ve got corroboration and that.  If the police are going to Read more about Son of Cadder – It Won’t End Here![…]

Son of Cadder Cases Decided

The Supreme Court has issued the long-awaited judgements in the test cases referred on the basis of the Cadder decision. The majority of the Court has concluded that Cadder does not apply a general rule that those suspects who are not detained by the police or otherwise have their freedom curtailed are entitled to legal Read more about Son of Cadder Cases Decided[…]

A Few Thoughts on Devolution Issues and the Supreme Court

This week saw the publication of Lord McCluskey’s review of the role of the Supreme Court in deciding Devolution Issues arising from Scottish Criminal cases.  Much of the furore created after the Nat Fraser decision has now died down.  Messrs Salmond and MacAskill have turned there attentions away from the “ambulance chasers” occupying the Supreme Read more about A Few Thoughts on Devolution Issues and the Supreme Court[…]