[] The Case of Cadder (Appellant) v Her Majesty’s Advocate (Scotland) (Respondent)
10 important questions on [] The Case of Cadder (Appellant) v Her Majesty’s Advocate (Scotland) (Respondent)
What is the case Cadder v Her Majesty's Advocate about?
The case Cadder v Her Majesty's Advocate is about the question of whether the Crown's reliance on admissions made by a detainee during their detention, while being interviewed by the police without access to legal advice before the interview begins, is incompatible with their right to a fair trial.
What is the significance of the Salduz v Turkey case?
The Salduz v Turkey case, decided by the Grand Chamber of the European Court of Human Rights, held that the applicant's right to a fair trial was violated because he did not have the benefit of legal assistance while he was in police custody. This decision has had an impact on subsequent cases and has established the principle that access to a lawyer should be provided from the first interrogation of a suspect, unless there are compelling reasons to restrict this right.
What is the main argument in the Cadder v Her Majesty's Advocate case?
The main argument in the Cadder v Her Majesty's Advocate case is whether the absence of legal representation during police interrogation, particularly in relation to admissions made by the detainee, violates the right to a fair trial under article 6(3)(c) of the European Convention on Human Rights.
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What is the significance of the Grand Chamber's decision in Salduz v Turkey?
The Grand Chamber's decision in Salduz v Turkey established the principle that access to a lawyer should be provided from the first interrogation of a suspect, unless there are compelling reasons to restrict this right. This decision has had an impact on the interpretation of the right to a fair trial and the protection against self-incrimination.
What is the role of legal representation in ensuring a fair trial?
Should Scotland follow the principles established in Salduz v Turkey?
What is the role of the Strasbourg court in interpreting and applying the right to a fair trial?
What is the stance of England and Wales and Northern Ireland on access to legal advice during police interrogation?
What is the requirement for a confession under Scots law?
Under Scots law, a confession must be corroborated, meaning there must be supporting evidence.
What is the ruling in HM Advocate v McLean 2010 SLT 73?
The ruling in HM Advocate v McLean 2010 SLT 73 is no longer considered good law in the light of the Grand Chamber's ruling in Salduz
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