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Scottish arrest procedures and Cadder judgement: legislation criticised, legal aid impact

2010 November 9
by Mary Munro

Update

“MSP ‘appalled’ at emergency legislation – lodges motion citing ‘constitutional outrage’” The Firm Magazine

Following posted on 8.11.10

“All those in favour of unfair trials, please stand up” Scotsman
“Legal aid is in the firing line, lawyers warn” Herald
“Legal aid conference covers Cadder and spending review” Law Society Journal Online
“Professor claims ‘Section 7 con trick’” Firm Magazine
“Cadder provisions ‘pull up the drawbridge’ on appeals – pressure mounts against s7” Firm Magazine
“Cadder v HMA – Goodbye to ‘Doubtful Legality’?” Casecheck

Following posted on 1.11.10

“Dundee Sheriff Court caseload to be cut after human rights ruling” Courier
“Changes to Scottish law bring £30m headache”
“Victim condemns thug’s landmark appeal that has caused chaos in justice system” Daily Record
“Cadder: Judgment day for Scots law” Scotsman
“Final word on the question of Cadder and justice is yet to come” Scotsman
“New laws may land Scotland back in dock, warns human rights chief” Scotsman
“Emergency response to Cadder v HMA was ‘unnecessary’” Law Society Journal Online
“‘Disgraceful, undemocratic, wrong.’ GBA President dumps on ‘civil service law’” The Firm Magazine
“Cadderland” The Firm Magazine
“Off kilter” Solicitors Journal
“A response to Cadder v HM Advocate” Scottish Human Rights Law Group
“The Cadder case and legal advice for suspects in Scotland” devolutionmatters.wordpress.com
“James Chalmers appears on BBC Politics Scotland” Edinburgh University Law School

Following posted on 28.10.10

“Scottish Parliament ‘should be ashamed’” Herald
“‘This Bill will restrict, rather than reinforce, human rights’” Herald
“Case raises questions about Scots law and human rights” Herald
“Human rights decision to force a ‘sea change’ in Scots law” Courier
“Warning sounded over Scots law as Holyrood passes emergency legislation following Cadder ruling” Daily Record
“Detention without access to a lawyer ends in Scotland” Guardian
“MSPs back new lawyer access laws” Press and Journal
“Black day for Scots law and liberty” Scotsman
“Taxpayer faces £30m bill for giving suspects instant access to lawyer” Scotsman
“Fears for flood of appeals over new right to a lawyer” Express
“Parliament grants lawyers immediate access to suspects” STV
“Emergency bill presented to Parliament” Law Society Journal Online
“Anger over emergency Cadder legislation –‘affront to democratic process’” The Firm Magazine
“MSPs pass an emergency bill on Cadder ruling” BBC

Following posted on 27.10.10

“Scottish government to rush through new laws after losing appeal over police’s right to question suspects without a lawyer “ Daily Record
“Scotland rushes through new laws after court ruling on questioning suspects” Guardian
“Scotland loses key case that could undermine criminal convictions” Guardian
“Scots courts face stampede of challenges after UK ruling” Herald
“Salmond: Scotland’s legal system is being undermined” Herald
“Guilty may walk free over rights law chaos” Press and Journal
“MSPs unite to rush through new rights law for suspects” Press and Journal
“Scots legal upheaval as 3500 convicts win new appeals” Scotsman
“Sea change in way suspects treated” Scotsman
“Fears for flood of appeals over new right to a lawyer” Express
“Government loses Supreme Court appeal over convictions” STV
“Free for all” Scottish Sun
“Supreme Court allows Cadder appeal” Law Society Journal Online
“Emergency bill to be presented following Cadder” Law Society Journal Online
“Society questions extended detention proposal” Law Society Journal Online
“MSPs asked to pass emergency bill on Cadder ruling” BBC
“Q&A: Cadder case ruling” BBC
“Landmark ruling on questioning powers sparks law change” BBC
“Scottish courts appeals influx may hang on human rights decision” Courier

Following posted on 26.10.10

“Scottish legal system facing giant shake–up” Herald
“Hasty action poses a threat to civil liberties” Herald
“Scots law is found wanting once again” Herald
“‘Criminals could walk free’ under new court ruling” STV
“MacAskill in compo law fight” Sun
“UK Supreme Court to rule on lawyer access case” BBC

Following posted on 25.10.10

“Tensions rising on the eve of Supreme Court Cadder verdict” Scotsman

Following posted on 18.8.10

“The Cadder effect: how the right of access to a lawyer during police detention interviews currently operates under English law, and some questions that remain to be answered; plus comment on Scottish developments” Law Society Magazine

Following posted on 26.7.10

“Drop everything: The fallout from the Cadder appeal has meant some unexpected business at the start of the new President’s term of office” Law Society Journal Online

Following posted on 12.7.10

“Law Society and Crown Office reach deal on solicitors’ payments for police station advice “ Scotsman

Following posted on 9.7.10

“Suspects may now speak to solicitor by phone before police interview” Herald
“‘SNP sleepwalking into chaos over Salduz’ :Baker” Firm Magazine

Following posted on 8.7.10

“Agreement over fees for lawyers advising suspects” Herald
“Government agrees to ‘Cadder’ interview payments” Law Society Journal Online

Following posted on 5.7.10

“Police denied suspects access to lawyers despite Scots ministers’ pledge to Euro court” Herald
“Solicitors set to snub new rules on legal advice” Herald
“GBA: Emergency regulations ‘display unprecedented lack of respect for criminal bar’ – Will not attend police stations in defiance of guidelines” Firm Magazine

Following posted on 30.6.10

“Solicitors say proposals for legal aid change are unacceptable” Herald
“Relations sour further as Society berate Crown for lack of ‘meaningful consultation’ over guidelines” Firm Magazine

Following posted on 25.6.10

“Police call for 24–hour detention of suspects” Herald

Following posted on 22.6.10

“MacAskill in talks over suspects’ rights to see lawyer” Herald
“Scottish rights ruling could affect thousands of cases” Times

Following posted on 21.6.10

“Crisis talks on judicial system” Herald
“Justice in the dock” Herald
“‘Plan B’ warning over human rights ruling” Press and Journal
“Right to a lawyer before arrest may disrupt 100,000 Scottish legal cases” Scotsman
“A minor case with major implications for Scots law” Scotsman
“Lawyer ruling could wreck 100,000 cases” Express
“Lord Advocate gives warning over human rights ruling” Times
“Criminal law in ‘total chaos’ over emergency guidance confusion” The Firm
“Highland lawyers boycott Crown’s emergency guidelines for “professional and ethical” reasons” The Firm

Following posted on 18.6.10

“Law Society anger at Angiolini snub” Herald
“Solicitors raise concerns over new Crown guidelines” Law Society Journal Online
“Jails could be flung open by human rights ruling, Goldie warns” Herald
“Salmond calms fears over human rights ruling” Times

Following posted on 17.6.10

“Demand for extension of custody time limits” Herald

Following posted on 16.6.10

“Law chief reveals new guidelines on police interviews” Herald

Following posted on 15.6.10

“Lawyers in warning over changes to suspects’ interviews” Herald

Following posted on 14.6.10

“‘Panic’ as thousands of criminals may be freed after being quizzed without lawyer” Herald
“Legal aid bills to soar in human rights law shake–up” Herald
“Time to reform suspect procedure” Herald
“Police station interview guidance aims to avoid risk of challenge” Law Society Journal Online
“New suspects’ rights ‘put convictions at risk’” Times

Following posted on 24.5.10

“Case Preview: Cadder v Her Majesty’s Advocate” UKSC Blog
“Detention without access: time for Scotland to catch up with rest of UK” Guardian
“Supreme court to rule on suspects’ access to lawyer under Scottish law” Guardian
“Euro ruling is threat to Scots law” Herald

Following posted on 23.10.09

“Judges reject human right to a lawyer challenge” Scotsman
“Judges say cop quiz ok” Scottish Sun
“Judges reject human rights challenge” STV
“Human rights case rejected in Edinburgh” Press and Journal
“Judges reject appeal over police questioning” Law Society Journal Online

Following posted on 21.10.09

“Legal test case could end with hundreds of criminals set free” Herald
“Appeal case over police interview” BBC

Following posted on 20.10.09

“Murderers and rapists could be freed under European ruling, leading QC warns” Times

Following posted on 3.7.09

“Test case opens over use of police interview evidence” Law Society Journal Online

Following posted on 22.5.09

“Thousands of criminal cases at risk of collapse after ruling” Herald
“Human rights ruling puts thousands of prosecutions under threat” Scotsman
“Human rights issue over arrests” BBC

“Scotland faces human rights timebomb after experts brand confessions ‘illegal’” Daily Record

Press releases

“Parliament approves changes to Scots law” Scot.Gov. (October 28th 2010)
“Swift action to change Scots law” Scot.Gov. (October 26th 2010)
“Cadder v HMA” COPFS
“Cadder v HMA – questions and answers resulting from the judgment” COPFS
“Statement from ACPOS following the Supreme Court judgement in Cadder” ACPOS 26.10.10

See also

Comments in response to the Criminal Procedure (Legal Assistance, Detention and Appeals) Scotland Bill (Alan Miller, Scottish Human Rights Commission 27.10.10.)

Scottish Parliament Official Report 27.10.10: Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill

Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill

Cadder (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland). UK Supreme Court judgments 26.10.10

New Judgment: Cadder v HM Advocate [2010] UKSC 43 (on UKSC blog)

Law Society of Scotland. Legal Aid and Access to Justice News

Scottish Parliament Official Report FMQs 17.6.10: Annabel Goldie: A year ago, at First Minister’s question time, I raised the issue of Salduz v Turkey, the human rights case concerning the right of a person who is detained by the police to get legal advice …

Lord Advocate Guidelines – Interim Guidelines on Access to a Solicitors (June 2010)

McLean v. HMA [2009] HCJAC 97
SALDUZ v. TURKEY – 36391/02 [2007] ECHR 332 (26 April 2007)

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