Brown v Donaldson

January 27, 2009 | No Comments

A claim that the grant of search warrant by justice of the peace without clerk of district court being present was invalid because contrary to Article 6 fair trial rights was rejected.  The High Court of Justiciary held that an application under section 23(3) of the Misuse of Drugs Act 1971 for a search warrant did not constitute judicial proceedings and did not engage article 6.

Full report available at: 2008 JC 83

Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.