Repercussions of the Cadder case: the ECHR's fair trial provisions and Scottish criminal procedure

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    Abstract

    This article considers the recent case of Cadder v HM Advocate in which the UK Supreme Court found that the failure of Scots law to recognise a right to legal advice for suspects prior to police questioning was contrary to art. 6 of the European Convention on Human Rights (ECHR). The author suggests that repercussions from Cadder will ultimately prove to be detrimental to suspects and accused persons, and that the case could have been decided differently had greater attention been paid to the rationale which lies behind the provision of legal assistance during police questioning, namely the right not to be compelled to self-incriminate.
    Original languageEnglish
    Pages (from-to)743-757
    Number of pages15
    JournalCriminal Law Review
    Issue number10
    Publication statusPublished - Oct 2011

    Keywords

    • Criminal procedure
    • Criminal evidence
    • Human rights
    • Access to legal advice
    • Legal representation
    • Police questioning
    • Privilege against self-incrimination
    • Right to fair trial
    • Right to silence
    • Scotland

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