Practice and Procedure

Human rights

PUBLISHED October 20, 2011

Right to a fair trial - Right of access to a lawyer - Statement or admissions made to police without access to legal advice Ambrose v Harris (Procurator Fiscal Oban) (Scotland) and other appeals: SC (Justices of the Supreme Court ? Lords Hope (deputy president), Brown, Kerr, Dyson and Clarke): 6 October 2011 The Supreme Court held in its decision of Cadder v HM Advocate (Cadder) [2010] UKSC 43, 30 BHRC 257 that the Crown?s reliance on admissions made by an accused without legal advice when detained under section 14 of the Criminal Procedure (Scotland) Act 1995 gave rise to a breach of his right to a fair trial, having regard to the decision of the European Court of Human Rights in Salduz v Turkey [2008] 49 EHRR 421. read more