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Thursday 02 September 2010
The Glasgow Bar Association has established a working group to produce a report outlining how Scottish criminal procedure can remain compliant with the European Convention on Human Rights, following concerns over new guidance for solicitors issued by the Crown Office on giving advice to suspects ahead of police station interviews.
The trial of a man charged with drinking in a public place, breach of the beach and assaulting a police officer collapsed yesterday when the sheriff failed to turn up to hear the case.
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GBA WORKING GROUP TO EXAMINE CADDER CASE
The Glasgow Bar Association has established a working group to produce a report outlining how Scottish criminal procedure can remain compliant with the European Convention on Human Rights, following concerns over new guidance for solicitors issued by the Crown Office on giving advice to suspects ahead of police station interviews.
The working group has been set up to "scrutinise and consider" the implications of the Cadder v HMA appeal case and the impending Supreme Court ruling, after the Law Society of Scotland warned that interim legal guidance issued by Lord Advocate Elish Angiolini QC was in "direct conflict" with the solicitors’ code of conduct.
The group comprises GBA president John McGovern, past president Gerry Considine and criminal human rights lawyer Gerry Sweeney.
Mr Govern told The Firm: "Cadder presents so many issues that could impact on criminal procedure in Scotland that a mature, considered examination of those likely issues is required. We believe the profession should not be apprehensive about Cadder.
“Its likely outcome will not reinvent the wheel. But it will lead to big changes and it's important that the profession takes a lead in determining, and influencing, what those changes should be.
“The interim settlement on Cadder is unacceptable and is not ECHR compliant. It's important that the final settlement is more considerate and that it respects ECHR jurisprudence."
http://www.glasgowbarassociation.co.uk
SHERIFF’S ABSENCE CAUSES TRIAL TO COLLAPSE
The trial of a man charged with drinking in a public place, breach of the beach and assaulting a police officer collapsed yesterday when the sheriff failed to turn up to hear the case.
Temporary sheriff Ian Duguid QC did not appear for the second day of the trial of Scott McMurray at Paisley Sheriff Court.
It was the second time Sheriff Duguid has failed to turn up at a hearing and the incident is believed to be a first in Scots legal history, The Herald has reported.
The case against Mr McMurray, 24, of Renfrew – who denied all charges – first got underway four months ago, Sheriff Duguid hearing all of the first day’s evidence.
The case was adjourned until July 9 but was put off after the sheriff did not appear.
A new trial date was set and the accused, witnesses and defence agent were in court yesterday.
But the sheriff again failed to attend – because he was otherwise engaged in a case at the High Court.
The Crown wanted the case adjourned again in a further bid to have the trial concluded.
However, defence lawyer Paul Lynch objected to a further continuation.
He argued that would be unfair to his client, who continued to maintain his innocence.
He urged Sheriff Colin Pettigrew to dismiss all charges.
Sheriff Pettigrew did so “without any hesitation”.
