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Paul Mcinnes V HM Advocate (2010)
February 22, 2010 | No Comments[2010] UKSC 7
Although the Crown’s failure to disclose to an accused material which might have materially weakened its case, or materially strengthened the accused’s case, had been incompatible with the European Convention on Human Rights 1950 art.6, that did not mean that the trial had been unfair. An appeal court would find that a trial had been unfair only if it found that the non-disclosure gave rise to a real risk of prejudice, and that there was a real possibility that the jury would have arrived at a different verdict.
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Art. 06 Right to a Fair Trial, Civil Procedure