[2010] UKSC 43

The decisions in Paton (Gary Alexander) v Ritchie 2000 J.C. 271, Dickson v HM Advocate 2001 J.C. 203 and HM Advocate v McLean (Duncan) [2009] HCJAC 97, 2010 S.L.T. 73 could not survive in the light of the decision in Salduz v Turkey (36391/02) (2009) 49 E.H.R.R. 19. A person detained under the Criminal Procedure (Scotland) Act 1995 s.14 had to have access to a lawyer from the time of his first interview unless there were compelling reasons in the particular circumstances of the case that made the presence of a lawyer impracticable.

SC (Lord Hope JSC, Lord Rodger JSC, Lord Walker JSC, Lord Brown JSC, Lord Mance JSC, Lord Kerr JSC, Sir John Dyson JSC)

26/10/2010