Caselaw – DNA Warrants and Cowie Revisited

Following the Appeal Court decision in Cowie whereby it was held to be unlawful for the police to obtain DNA swabs from a detained and charged suspect, the Crown has been forced into taking remedial action to ensure the continued prosecution of cases where such DNA evidence was crucial.  Sheriffs across the country have been Read more about Caselaw – DNA Warrants and Cowie Revisited[…]

News – Appeal Court Rejects DNA Warrant Appeal

Yesterday, three Judges of the Justiciary Appeal Court in Edinburgh rejected an appeal in relation to a Sheriff granting a warrant which permitted the police to obtain DNA swabs from a suspect who had already been charged.  This follows upon the decision in HM Advocate v Cowie in which the Appeal Court rejected a Crown appeal, Read more about News – Appeal Court Rejects DNA Warrant Appeal[…]

Caselaw – Samples and the Charged Suspect

Getting on for almost 60 years after the landmark case of Chalmers v HM Advocate, the Scottish Courts continue to maintain the special status of the “charged suspect.”  In HM Advocate v Logan [2011] HCJAC 111, the Crown appealed against a Sheriff’s ruling that the taking of DNA mouthswabs from a charged suspect was inadmissible.  The Read more about Caselaw – Samples and the Charged Suspect[…]