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[…]

Caselaw – Defence Statements Article 6 Compliant

Section 124 of the Criminal Justice and Licensing (Scotland) Act 2010 introduced Defence Statements into solemn criminal procedure.  Previously an accused person was under no obligation to provide the Crown with details of his defence unless that defence was a “special defence” or specifically required notice in terms of Section 78 of the 1995 Act. Read more about Caselaw – Defence Statements Article 6 Compliant[…]

News – Standard Bail Conditions Not ECHR Compatible.

Three Appeal Court judges have decided that amendments made to Section 24 of the Criminal Procedure (Scotland) Act 1995 are not compatible with an accused person’s Convention Rights under Article 5 ECHR.  The provision in question was amended by Section 58 of the Criminal Justice and Licensing (Scotland) Act 2010.  That Section amended Section 24 Read more about News – Standard Bail Conditions Not ECHR Compatible.[…]

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![…]

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[…]