Back

The ‘Cadder’ ruling changes law in Scotland

By Nicholas J Scullion , from insidetime issue January 2011

Solicitor Nicholas J Scullion explains the fundamental changes to Scots Law & Procedure and the consequences


On Tuesday 26th October 2010 judges in the Supreme Court London upheld an appeal by teenager Peter Cadder. His assault conviction was based on evidence gained before he spoke to his lawyer.

Prior to 30th October 2010 when the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 came into force, suspects could be detained and then questioned for six hours without a prior consultation with a lawyer. The Supreme Court judges ruled this very practice violated the human right to a fair trial.

The Scottish Government has reacted almost immediately anticipating the ruling by passing the new Act which fundamentally changes Scots law and procedure.

These new laws now ensure that persons being questioned by the police on suspicion of having committed an offence have the right of access to legal assistance. Further, this right applies to persons detained (an initial maximum of 12 hours with a potential increase to 24 hours) and those who attend voluntarily at a police station or other location for the purpose of being questioned by Police.

The result of this is that in all cases where a Trial is yet to commence a confession given by a suspect of sound mind to Police officers, even after being formally cautioned (i.e. advised of his right to silence by the Police Officers) will not be able to be used by the Crown as evidence at any forthcoming Trial if the suspect had not been offered a private consultation with a Solicitor prior to the questioning.

We at Nicholas J. Scullion & Co have already forced the Crown to formally announce that they shall be taking no further proceedings in a great many of our cases since October 2010the most notable success being that achieved on behalf of our client Mr James Skilling, who was acquitted on 9th November 2010.

What about the rights to appeal for persons convicted in the past, after the Crown had led evidence of their admission / confessions where prior legal advice by a lawyer was not allowed or given?

This area is less than certain because the very same Supreme Court judges in the Peter Cadder ruling who said, on the one hand "There is no room, in the situation which confronts this court, for a decision that favours the status quo simply on grounds of expediency … the issue is one of law... It must be faced up to whatever the consequences” have made it clear, that their ruling would not apply to “closed” cases. This in itself is a rather peculiar state of affairs and one which itself will likely be the subject of another legal challenge.

Notwithstanding that, the Supreme Court ruling was expressed as not retrospective, even at the present time for all “closed” cases, there is still at the very least, the option of an application to the Scottish Criminal Cases Review Commission (SCCRC) for a “Review".

The SCCRC’s review of a case is completely independent of Parliament, the Scottish Government, the Crown and the Justiciary and the SCCRC will decide for itself whether there may have been a miscarriage of justice and if it is in the interests of justice to refer a case to the High Court for determination.


Nicholas J. Scullion is the Senior partner at Nicholas J Scullion & Co. Solictors



Back to top

Comments about this article

There are no comments, be the first to leave one!

Post a comment

This article appears under the following categories...
Human Rights
Judicial Review
Law
Legal Issues

Summary of headlines for January 2011
Prisoners serving less than four years to get the vote
Prisoner wins compensation from Parole Board for delay despite not being released
HDC and the ‘presumption of unsuitability’
From over the wall
It’s Yesterday Once More
Politicians don’t have a clue
Kenneth Clarke’s Green Paper: ‘Sentencing and Rehabilitation’
The General they wanted to run the Prison Service
Month by Month
Forum for innocent lifers
Atheism
Psychologists – effective risk assessment and management
The IEP scheme isn’t worth a light
Time is money
Offender Learning inside custody: the present situation
‘It’s a shambles…’
Current page: The ‘Cadder’ ruling changes law in Scotland
Telephone Evidence

Back to top

insidetime

Inside Time Latest Issue

Issue : October 2014

Headlines | Mailbag | Poems
Book List | PSI Updates

Advert

Back Issues

 
Back Issues

View backissues and extras

Browse and Search Tools

View headlines by category
Search headlines | All headlines
Search mailbag | All mailbag
Search poems | All poems

October 2014 Headlines
> Koestler Awards 2014
> Police visit National Prison Radio
> Parole Board Update
> The right to work
> Month by Month - October 2014
> Inside without Faith
> Dying Inside
> Justice Select Committee
> The longest Journey
> Prisoner voices
> Our own version of Islam is being blocked, fettered and stonewalled
> For the love of cooking
> Prison compensation unfair?
> The Merchant of Venice
> Raising learners voices
> Ryan’s Prehistoric Pet
> From over the wall
> Appeals against conviction - conduct of trial lawyers
> The absurdity of the Absconders Policy
> Finding your voice in the recall process
> Supergrass evidence

About Us

About insidetime
Directors
Editorial Team

InsidePoetry Book

insidepoetry book New! Volume 5 of
insidepoetry book
is now available!

A collection of poems by prisoners of all backgrounds.

Availabe to buy from this site! Volume 1,2,3 and 4 are also still available and you can SAVE by purchasing bundles!

USP Service

USP from Inside Time

The Useful Services for Prisoners scheme from insidetime provides discounts, vouchers and other benefits from USP Group Members for Prisoners, their families and legal advisors. Click the image above to read more about it.

Subscribe

You can subscribe to insidetime Newspaper and get the paper each month delivered to your door!

Advertise

Advertise your business or solicitors office to a highly defined target audience.

Other Publications

Inside Time has produced a number of books and publications you can purchase online.

Advert

Contact Us

All contact info for the Operations office and the Editorial Team.

Site Map

Our site map page contains links to all pages on the insidetime site.

External Links

We have a number of external websites which you may be interested on our Links Page.

Social Networking


insideinformation

Inside Information

Prisons

Everything you need to know about visiting people in prison; procedures, opening times, directions etc.

Comprehensive information about each prison regime; lock down times, facilities, healthcare etc.

*NEW* Detailed information about IRC - Immigration Removal Centres.

insideinformation Book

insideinformation book
The insideinformation book

A comprehensive guide to prisons and prison related services, designed and compiled by former prisoners.

Advert

Help and Support

Various pages of information for help and support organisations and networks for those in custody as well as recently released. Also information for friends and family.

Grants and Funding

This grants and funding pdf document aims to meet the need of prisoners and ex-offenders for accurate, up to date information on the supplementary funding available to prisoners.

Rules and Regulations

Information on rules & regulations used throughout the prison service.

Glossary of Terms

The Glossary of Prison Related Terms explains what all the acronyms and terms stand for with prison related matters. Includes links to external sites to further explain things.

Fact Sheets

We have produced many Prison Related Fact Sheets inc. Legal Fact Sheets, Parole Fact Sheets and Other related information.

Advert

Find a Solicitor

You can search our solicitor database for listings of solicitors in your area that provide the services you require.

Find a Barrister

You can search our barrister database for listings of barristers in your area that provide the services you require.

Address Finder

You can search our address database in many ways to retrieve contact information for all those elusive addresses you need in a hurry.

Prison Law pdf

This document provides details of leading training providers who offer sound professional training.

Other Publications

Inside Information has produced a number of books and publications you can purchase online.

Site Map

Our site map page contains links to all pages on the insideinformation site.

Contact Us

Use the Contact Us Feedback form to send us suggestions, plus our address and phone numbers.

Advert




insidejustice

Inside Justice

insidejustice was launched in July 2010 to investigate alleged miscarriages of justice.

Full introduction is on the insidejustice homepage

insidejustice Cases

insidejustice Articles & Reviews

insidejustice Advisory Panel Members

insidejustice Sponsors page

insidejusticecontact details