This bill was presented as emergency legislation in response to the Cadder judgement handed down on 26 October 2010 by the UK Supreme Court. The legislation came into force as the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 on 29 October 2010. The Act made significant amendments to the Criminal Procedure (Scotland) Act 1995. […]
Cadder v HM Advocate
October 26, 2010
This case was a devolution appeal from Scotland to the Supreme Court and concerned fair trial rights in Scotland. At issue was whether a suspect detained by the police has the right to speak with and be represented by a lawyer in the police station – a right long held in England, Wales and Northern […]
Civil Liberties, the Constitution and Cuts
Engaging with the coalition Civil Liberties, the Constitution and Cuts: Engaging with the coalition is a JUSTICE briefing paper in three parts: First, it lists and responds to the commitments relevant to civil liberties made by the coalition in its Programme for Government. The intention is to provide an overview of what is undoubtedly an impressive […]
Cadder v HM Advocate [2010]
Cadder v Her Majesty’s Advocate [2010] UKSC 43 Facts Cadder was detained by the police on suspicion of serious assault and cautioned in line with Sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995. He was told that he was entitled to have a solicitor informed of his detention but he did not […]
Law Lords at the Margin
October 15, 2010
Who defines Convention rights? Baroness Hale of Richmond The lecture was a response to that given in 2007 by Professor Conor Gearty of the LSE entitled Are judges now out of their depth? Tom Sargant was JUSTICE’s Secretary from the organisation’s foundation in 1957 to his retirement in 1982. Downloads Law Lords at the Margin
The UK Constitution: Time for fundamental reform
October 14, 2010
In the 2010 JUSTICE Tom Sargant memorial annual lecture, Rabinder Singh called for a written constitution, arguing that the notion of Parliament as ‘sovereign’ should be challenged: It may even be that there are certain express laws which it would be within the power of Parliament to enact, if they strike at the very heart […]