28:
257:. This was refused as the Criminal Appeals Administration Judge was of the view that the refusal of the earlier attempts to appeal did not amount to a determination of a devolution minute. Cadder then sought special leave to appeal directly to the Supreme Court. It was asked to consider whether Cadder was able to obtain special leave to appeal; matters surrounding his identification; and also matters relating to there being no right to have a consultation with a solicitor before an interview by the police.
279:, but Salduz had challenged on the ground that his "confession" (later retracted) had been given under duress, due to maltreatment during interrogation. It was held that Salduz's self-incriminating statements, made while detained, which formed a part of the evidence used to convict him, were not admissible because of the absence of a lawyer. The Grand Chamber in
291:
requires that, as a rule, access to a lawyer should be provided from the first interrogation, unless compelling reasons exist otherwise. Even so, such restrictions must not unduly prejudice the rights of the accused under
Article 6. There will be
327:
Scottish police can no longer question suspects without offering the suspect a private consultation with a lawyer, not only before an interview but also at any time during the interview at the suspect's request.
246:
to ensure that there was no breach of
Article 6(1) in having no solicitor present. Cadder appealed against the refusal and three judges refused it again in November 2009 at the second sift stage.
331:
The period of detention without charge was raised from six hours to twelve hours, but it will be possible to increase the period to twenty-four hours on "cause shown" by a senior officer.
319:
The
Supreme Court held that Cadder's rights under Article 6(1) of the ECHR had been breached because he had been denied access to a solicitor before he was interviewed by the police.
512:
99:
155:
288:
227:
136:
507:
111:
238:
present during his police interview. At the first sift stage a High Court judge refused his appeal on the basis of the full-bench decision in
356:
107:
202:
532:
103:
193:
Cadder had been detained under section 14(1) of the
Criminal Procedure (Scotland) Act 1995 and interviewed by two officers from
444:
414:
384:
119:
517:
254:
231:
219:
163:
151:
95:
38:
272:
135:
By not being able to have access to a solicitor prior to being interviewed by the police, Cadder's rights under
268:
296:
when incriminating statements made during interrogation without a lawyer present are used for a conviction .
201:
was held at which the complainer, John Tacey, was unable to identify anyone. In the subsequent court case
115:
351:
335:
527:
522:
437:"Cadder v Her Majesty's Advocate (Scotland) [2010] UKSC 43 (26 October 2010), at paragraph 6"
407:"Cadder v Her Majesty's Advocate (Scotland) [2010] UKSC 43 (26 October 2010), at paragraph 7"
377:"Cadder v Her Majesty's Advocate (Scotland) [2010] UKSC 43 (26 October 2010), at paragraph 5"
27:
334:
Many cases being prosecuted that relied upon section 14 admissions to satisfy the requirements of
307:
were minors, to whom procedural protections generally apply across many jurisdictions (see e.g.
284:
179:
205:
relied upon evidence obtained within Cadder's police interview to help to prove their case.
8:
308:
187:
194:
123:
261:
167:
436:
406:
376:
250:
198:
190:
on 29 May 2009, following an incident in May 2007, at which time he was a minor.
475:
501:
242:( SLT 73), which had concluded that there were sufficient safeguards within
243:
235:
223:
159:
338:
have fallen or have been successfully appealed as a result of the
183:
197:
at London Road Police Office in
Glasgow. In August 2008 an
287:
to remain "practical and effective" Art 6 § 1 of the
150:
UKSC 43 (26 October 2010) is a decision in which the
513:
Article 6 of the
European Convention on Human Rights
499:
309:s 14(1) Criminal Procedure (Scotland) Act 1995
275:. The basic facts of the case are similar to
162:detained suspects was not compatible with the
260:The leading authority in this area of law is
357:Pre-trial rights of the accused in Scots law
218:Cadder attempted to lodge an appeal in the
166:and was therefore unlawful in terms of the
476:"Background: Police detention in Scotland"
26:
508:Supreme Court of the United Kingdom cases
226:on the grounds that it was a breach of
500:
465:Salduz v. Turkey – 36391/02 ECHR 1542
283:held (para 55) that in order for the
234:(ECHR) that he was unable to have a
289:European Convention on Human Rights
255:Supreme Court of the United Kingdom
232:European Convention on Human Rights
164:European Convention on Human Rights
152:Supreme Court of the United Kingdom
39:Supreme Court of the United Kingdom
13:
213:
14:
544:
447:from the original on 13 May 2015
417:from the original on 13 May 2015
387:from the original on 13 May 2015
314:
311:– under which Cadder was held.)
66:UKSC 43, 2011 S.C. (U.K.S.C.) 13
49:Cadder v Her Majesty's Advocate
533:2010 in United Kingdom case law
322:
230:(Right to a Fair Trial) of the
468:
459:
429:
399:
369:
269:European Court of Human Rights
178:Peter Cadder was convicted at
1:
173:
7:
345:
208:
154:held that the way in which
10:
549:
518:Scottish criminal case law
352:Corroboration in Scots law
134:
129:
91:
86:
75:
70:
62:
54:
44:
34:
25:
20:
362:
220:Court of Criminal Appeal
299:The appellants in both
294:irretrievable prejudice
285:right to a fair trial
180:Glasgow Sheriff Court
240:McLean v HM Advocate
147:Cadder v HM Advocate
80:McLean v HM Advocate
21:Cadder v HM Advocate
265:36391/02 ECHR 1542
249:Cadder then sought
188:breach of the peace
267:a judgment of the
195:Strathclyde Police
139:had been breached.
482:. 18 January 2014
168:Scotland Act 1998
143:
142:
137:Article 6(1) ECHR
540:
528:2010 in Scotland
523:2009 in Scotland
492:
491:
489:
487:
472:
466:
463:
457:
456:
454:
452:
433:
427:
426:
424:
422:
403:
397:
396:
394:
392:
373:
100:Deputy President
87:Court membership
30:
18:
17:
548:
547:
543:
542:
541:
539:
538:
537:
498:
497:
496:
495:
485:
483:
474:
473:
469:
464:
460:
450:
448:
435:
434:
430:
420:
418:
405:
404:
400:
390:
388:
375:
374:
370:
365:
348:
325:
317:
281:Salduz v Turkey
263:Salduz v Turkey
251:leave to appeal
216:
214:Court of Appeal
211:
199:identity parade
176:
58:26 October 2010
12:
11:
5:
546:
536:
535:
530:
525:
520:
515:
510:
494:
493:
467:
458:
441:www.bailii.org
428:
411:www.bailii.org
398:
381:www.bailii.org
367:
366:
364:
361:
360:
359:
354:
347:
344:
324:
321:
316:
313:
215:
212:
210:
207:
175:
172:
141:
140:
132:
131:
127:
126:
93:
92:Judges sitting
89:
88:
84:
83:
77:
76:Related action
73:
72:
68:
67:
64:
60:
59:
56:
52:
51:
46:
45:Full case name
42:
41:
36:
32:
31:
23:
22:
9:
6:
4:
3:
2:
545:
534:
531:
529:
526:
524:
521:
519:
516:
514:
511:
509:
506:
505:
503:
481:
477:
471:
462:
446:
442:
438:
432:
416:
412:
408:
402:
386:
382:
378:
372:
368:
358:
355:
353:
350:
349:
343:
341:
337:
336:corroboration
332:
329:
320:
315:Supreme Court
312:
310:
306:
302:
297:
295:
290:
286:
282:
278:
274:
273:Grand Chamber
271:sitting as a
270:
266:
264:
258:
256:
252:
247:
245:
241:
237:
233:
229:
225:
221:
206:
204:
200:
196:
191:
189:
185:
181:
171:
169:
165:
161:
157:
153:
149:
148:
138:
133:
130:Case opinions
128:
125:
121:
117:
113:
109:
105:
101:
97:
94:
90:
85:
81:
78:
74:
69:
65:
61:
57:
53:
50:
47:
43:
40:
37:
33:
29:
24:
19:
16:
484:. Retrieved
479:
470:
461:
449:. Retrieved
440:
431:
419:. Retrieved
410:
401:
389:. Retrieved
380:
371:
339:
333:
330:
326:
323:Significance
318:
304:
300:
298:
293:
280:
276:
262:
259:
248:
239:
228:Article 6(1)
217:
192:
177:
146:
145:
144:
79:
71:Case history
48:
15:
82:2010 SLT 73
502:Categories
342:decision.
174:Background
244:Scots Law
236:solicitor
224:Edinburgh
203:the Crown
102:), Lords
96:Lord Hope
63:Citations
480:BBC News
445:Archived
415:Archived
385:Archived
346:See also
209:Judgment
160:Scotland
253:to the
184:assault
55:Decided
486:6 June
451:6 June
421:6 June
391:6 June
340:Cadder
305:Salduz
301:Cadder
277:Cadder
156:police
108:Walker
104:Rodger
363:Notes
124:Dyson
116:Mance
112:Brown
35:Court
488:2021
453:2021
423:2021
393:2021
303:and
186:and
122:and
120:Kerr
222:in
182:of
158:in
504::
478:.
443:.
439:.
413:.
409:.
383:.
379:.
170:.
118:,
114:,
110:,
106:,
490:.
455:.
425:.
395:.
98:(
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
