McLean v HM Advocate

January 22, 2010 | One Comment

2009 WL 4872791

HCJ Lady Paton; Lord Eassie; Lord Kingarth; Lord Osborne; Lord Wheatley; The Lord Justice Clerk (Gill); The Lord Justice General (Hamilton)

The appellant was detained and interviewed by police officers, without any access to a lawyer. The responses given were relied on by the prosecution at trial. The guarantees available under the Scottish system were sufficient to secure an appeal under the right to a fair trial.

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

One Comment

  • Val Baxter says:
    July 8, 2010 at 9:47 pm

    I am wondering when this lesligation came into place in Scotland, the right to a solicitor. It seems the more I am reading of the Scottish Justice System, it is blatantly obvious the accussed are very well protected within the laws. Can you advise the date this came in to place, as the Scottish police were not aware of it on 29th November, 2008, as my son’s murderer walked free in March 2010, due to not having a solicitor present.

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