Abstract
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 language | English |
|---|---|
| Pages (from-to) | 102-112 |
| Number of pages | 11 |
| Journal | Edinburgh Law Review |
| Volume | 10 |
| Issue number | 1 |
| DOIs | |
| Publication status | Published - Jan 2006 |
Keywords
- Criminal procedure
- Scotland
- Human rights
- Disclosure
- Dock identification
- Right to fair trial
- Witness statements
