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CADDER ? SUPREME COURT DECISION

By SLAS Spokesperson

CADDER – SUPREME COURT DECISION

This is the case of HMA v Cadder in which an accused person was convicted on evidence which included statements he made to police officers after being arrested but before he had been formally charged and before he had access to the services of a solicitor. Although the procedure was consistent with existing Scots law and although there is no appeal outwith Scotland in criminal cases, issues as to compliance with ECHR may be raised by devolution minute which may be appealed to the Supreme Court. In this case, the Supreme Court, led by two former Lords President of the Court of Session, ruled that the Scottish procedure was in breach of ECHR and that admissions made by a detainee without access to legal advice during his detention were inadmissible.

These events speak clearly enough for themselves but this is a matter of constitutional importance and the views of important players may help to indicate the direction or different possible directions that this constitutional expedition may follow. We have noted the quotations shown below and would ask members to add to this library, with evidence of source:-

“It is an unintended consequence. That’s what is wrong.” - Alex Salmond in The Times 28th October 2010

“I will be making it clear to the UK government our view that the centurys old supremacy of the High Court as the final court of appeal in criminal matters must be restored” – Kenny MacAskill in The Times 28th October 2010

“ It is remarkable that, until quite recently, nobody thought that there was anything wrong with this procedure.” – Lord Hope in the Cadder judgement

“Remarkable indeed, not least because Lord Hope and Lord Rodger – who delivered the second judgement, held the office of Lord Justice General in Scotland between 1989 and 2001. And Lord Rodger was also a law officer from 1989-95…..” – Lord McCluskey in the Times 27th October 2010

“If she (Lord Advocate Angiolini) got it wrong, seven Scottish judges got it wrong before her” – Professor Robert Black in The Times 27th October 2010
 

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