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McCutcheon (George) v HM Advocate
May 8, 2009 | No Comments
Equality of arms and fair trial – criminal case
The accused appealed against his conviction for murder, based on the trial judge’s refusal, following a Crown objection, to allow the cross examination of a police officer in relation to a mixed exculpatory and incriminating statement made by the accused four days after his arrest.
It was argued that the Crown’s apparent “power of veto” in regard to leading such evidence was inconsistent with fairness and the principle of equality of arms under Article 6 and compromised the accused’s right to silence, because if he was to put his account before the jury he would require to enter the witness box. A specially convened nine judge court dismissed these arguments holding the rule reflected the general prohibition on hearsay in criminal trial and that the judge at trial had been correct to sustain the Crown objection.
This case is available to read in full here
Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure
