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Cadder consequences: latest

2012 November 30
by KatrinaM

Update

“Judges overturn rape case” Evening Times
“Rape verdict quashed after Cadder ruling” Herald

Following posted on 29.11.12

“Rape conviction overturned for police interviews without a lawyer” STV
“Ryan McCallum’s rape conviction overturned after Cadder ruling” BBC

Following posted on 18.5.12

“Cadder case: Man accused of attack in landmark legal case walks free” Scotsman
“Celebrated appellant Cadder walks free after retrial collapses” Law Society Journal Online
“Man behind change in legal system freed” Herald
“Man who changed Scots legal system Peter Cadder free” BBC

Following posted 2.1.12

“Looking back on 2011: ‘The impact of Cadder on criminal defence agents has been huge’” Scotsman

Following posted 20.12.11

“1st Cadder “miscarriage” referred to High Court” The Firm Magazine
“Ryan McCallum rape case hit by Cadder ruling” BBC

Following posted 6.12.11

“1000 cases hit by Cadder ruling” STV
“Cadder case legal ruling results in over 1000 court cases being binned” Daily Record
“Number of cases hit by Cadder ruling climbs above 1,000” Scotsman
“Cadder bar cases top 1,000” Law Society Journal Online

Following posted 24.11.11

“Waiver of right to advice does not require advice: Supreme Court” Law Society Journal Online
“Supreme Court and waiver of right to consult with a lawyer” The Firm Magazine

Media coverage from September 2010, judgements and press statements are on complete post.

Following posted 7.10.11

“Suspects entitled to lawyer if taken into custody, rules Supreme Court” Herald
“Time to look at whole criminal justice system” Scotsman
“Supreme Court in ‘no handcuffs’ edict” Scotsman
“Cadder subject to limits, Supreme Court rules” Law Society Journal Online
“Cadder boundaries clarified in series of Supreme Court decisions” The Firm Magazine
“New Judgment: HM Advocate v P (Scotland) [2011] UKSC 44” UK Supreme Court blog
“New Judgment: HM Advocate v Ambrose & Ors (Scotland) (Joined cases) [2011] UKSC 43” UK Supreme Court blog

Following posted 31.10.11

“Coping with Cadder” Holyrood Magazine

Following posted 15.9.11

“Landmark Cadder ruling in fraud case” Herald

Following posted 5.9.11

“Breaking News – Sheriff Court cases extends Cadder criteria beyond police interviews” The Firm Magazine

Following posted 10.8.11

“When criminal law fails” The Firm Magazine

Following posted on 27.6.11

“UK court puts Scots justice on trial” Scotsman
“Supreme Court clarity sought on Cadder ruling” BBC
“In the Supreme Court w/c 27 June 201″ UK Supreme Court blog w/c 27 June 2011

Following posted on 21.4.11

“Cadder ruling helps overturn man’s rape conviction” Herald

Following posted on 8.3.11

“Duncan Black fails in human rights challenge to roadside breath test” Courier
“Sheriff rejects “Cadder” argument over breath tests” Law Society Journal Online

Following posted on 14.2.11

“More cases face collapse over ‘sons of Cadder’” Scotsman

“Angiolini to seek further Cadder rulings” Law Society Journal Online
“How much evidence do you need for a knife crime conviction? Is photographic proof not enough?” Scotsman
“Law must cut to the chase” Scotsman
“Ripples still being felt after Cadder ruling on legal advice” Scotsman

Following posted on 11.2.11

“Minister ‘warned of ruling in 2008’” Scottish Sun
“Five rape cases dropped thanks to EU human rights laws” Telegraph

Following posted on 10.2.11

“Nearly 900 Scottish criminal cases thrown out due to EU ruling” Daily Record
“‘This is a grim day for Scottish justice’ 900 criminal cases halted by Supreme Court’s ruling” Herald
“Human rights law can lead to human wrongs” Scotsman
“Euro rule lets 900 accused escape justice” Scotsman
“Hundreds of cases dropped in fallout from Cadder” Express
“Crown forced to drop 900 criminal cases over European ruling” STV
“The day justice died in Scotland” Scottish Sun
“Crown publishes results of Cadder review” Law Society Journal Online
“Rape allegations among cases affected by Cadder ruling” BBC

Following posted on 25.1.11

“Human rights laws leave ‘animals’ free says sex attack OAP” Express
“Sex attacker uses ruling on Cadder to appeal conviction” Herald

Following posted on 16.12.10

“Experts named to support Carloway review” Law Society Journal Onlne

Following posted on 7.12.10

“Cadder case applied to questioning during drugs search” Law Society Journal Online

Following posted on 30.11.10

“GBA publishes Cadder materials” Law Society Journal Online

“Cadder v HMA – a political inconvenience?” Law Society Journal Online
“New warning over Cadder case ruling” Herald
“SCCRC chair warns of risk from Cadder response” Law Society Journal Online
“MacAskill assures SCCRC that new S7 an ‘interim measure’ – will be subject to Carloway’s review” The Firm Magazine

Following posted on 19.11.10

“Carloway terms of reference confirmed” Law Society Journal Online
“England 1–0 Scotland” The Firm Magazine

Following posted on 17.11.10

“Man has sex attack conviction quashed under Cadder ruling” Scotsman
“Sex offender granted appeal following Cadder ruling” STV
“Rights under question. The legal issues raised by the Cadder appeal and the subsequent emergency legislation; and some wider constitutional questions now being discussed” Law Society Journal Online

Following posted on 16.11.10

“Death trial abandoned over Cadder effect” The Firm Magazine
“The Cadder ruling – a victim’s perspective” The Firm Magazine
“Cadder ruling sees child porn accused walk free” Express

Following posted on 1.9.10

“Glasgow’s legal community still aiming to pin down implications of a Cadder decision” Scotsman

Press releases

UKSC press statement in the cases of Jude, Hodgson, Birnie UK Supreme Court 23.11.11
UKSC press statement in the case of McGowan UK Supreme Court 23.11.11

“Two suggestions are made for the improvement of the practice that is adopted at present: first, in order to minimise the risk of misunderstanding, police should ask the detainee for his reasons for waiving his right to legal assistance, and record the reasons given. This will provide an opportunity for any obvious misunderstandings to be corrected, though police officers should not go so far as to offer advice to the detainee. Second, police should inform the detainee not only of his right to legal assistance, but also of the arrangements that may be made if he is unable to name a solicitor or is concerned about the cost of employing one.” From UKSC press statement on McGowan.

“Crown review of cases after Cadder V HMA” COPFS (February 2011)
“Carloway Review Reference Group” Scot.Gov. (December 2010)
“Review of law and practice” Scot.Gov. (November 2010)

See also

Jude (Respondent) v Her Majesty’s Advocate (Appellant) (Scotland) Hodgson (Respondent) v Her Majesty’s Advocate (Appellant) (Scotland) Birnie (Respondent) v Her Majesty’s Advocate (Appellant) (Scotland) [2011] UKSC 55
McGowan (Procurator Fiscal, Edinburgh) (Appellant) v B (Respondent) (Scotland)

UK Supreme Court latest judgements page (includes press summaries) Judgements in the appeals of HMA v Ambrose (Scotland), HMA v G (Scotland), HMA v M (Scotland), HMA v P (Scotland) were uploaded on this page on 6th September 2011. If not visible go on to the Decided Cases page.

Scottish Parliament Official Report 10.2.11: Richard Baker: What support has been given to the victims affected by the dropping of cases as a result of the Cadder judgment? Is the First Minister aware that, a year before the judgment, practitioners in Scotland warned that his Government was in breach of the European convention on human rights on the matter? Does he agree that those events require the Cabinet Secretary for Justice to make an emergency statement to Parliament? (Scroll down from link).
Glasgow Bar Association Cadder files

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