Re-configuring Scots criminal procedure – seismic shifts?

Fiona E. Raitt, Pamela Ferguson

    Research output: Contribution to journalArticlepeer-review


    Analyses the Privy Council rulings in Sinclair (Alvin Lee) v HM Advocate and Holland (James) v HM Advocate, which both dealt with a failure to disclose to the defence information to which the Crown was privy. Explores the development of the Crown's duty of disclosure to permit the proper preparation and presentation of the defence and examines the implications for the Crown of changes in disclosure practices required by the courts' rulings, particularly under the European Convention on Human Rights 1950 Art.8. Focuses on the fairness of the procedure of dock identification in Holland. © 2011 Sweet & Maxwell
    Original languageEnglish
    Pages (from-to)102-112
    Number of pages11
    JournalEdinburgh Law Review
    Issue number1
    Publication statusPublished - Jan 2006


    • Criminal procedure
    • Scotland
    • Human rights
    • Disclosure
    • Dock identification
    • Right to fair trial
    • Witness statements


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