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Bail conditional on submission to ‘evidence gathering’ incompatible with ECHR

2012 February 23
by Mary Munro


“High Court limits effect of bail decision” Law Society Journal Online

Following posted on 9.2.12

“19 [ . . .] The amendment effected by section 58 of the 2010 Act removes all elements of judicial discretion and supervision of the question whether the particular accused may be required to submit to evidence gathering or other investigatory procedures as a counterpart for his obtaining pre-trial liberty. [ . . .] we have come to the view that the inclusion of the condition in question as a mandatory condition on the grant of bail is incompatible with the rights secured to the citizen by Article 5 ECHR.”

“Criminal law in freefall – Cadder’s legacy continues to haunt as new bail conditions are ruled incompatible with ECHR “ The Firm Magazine
“Scots bail law overturned” Herald
“Appeal overturns Scottish justice act amendment” BBC
“Bail law held ultra vires” Law Society Journal Online
“Scots law on bail conditions ‘incompatible with ECHR” Scotish Legal News
“Scottish bail conditions breach human rights to liberty, rules Scottish court” UK Human Rights blog

See also

Grant Alistair Cameron v. Procurator Fiscal, Livingston (February 2012 – limitation of effect)
Grant Alistair Cameron v. Procurator Fiscal, Livingston (February 2012)

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