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

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.