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Cadder Case – Lord Advocate seeks Supreme Court Ruling on 5 more cases.

The Lord Advocate in Scotland has asked the High Court in Edinburgh to refer 5 cases to the Supreme Court in the hope of defining the scope of the Cadder appeal ruling.

The decision in the Cadder case by the Supreme Court related to the rights of an accused person detained at a police station for the purposes of an interview under caution. The ruling meant that Scottish police could no longer question detained persons without the person having access to legal advice. The case had immediate far reaching consequences and thus far 867 cases have s been unable to proceed or continue due to the ruling. Countless other cases have had police interviews deemed inadmissible.

Criminal defence lawyers immediately began to debate the scope of the ruling and questioned whether or not the case impacted upon countless other situations where the police interview suspects without that person having had the benefit of legal advice, and in particular the importance of the location of the interview as Cadder related to interview specifically within a police station.

The 5 referred cases cover situations such as “conversations” between the police and an individual in his home, detention under other statutory powers in a persons home and information given during a roadside interview on a non road traffic matter.

If the scope of Cadder is widened through a definitive ruling on such matters then the implications for thousands of court cases and for police procedures throughout Scotland will be significant.

The criminal defence solicitors of The Glasgow Law Practice can advise on such matters and can be contacted on {{CONTACT_NUMBER_CONTENT}} .