Hearing may offer Mitchell appeal hope

Published on Tuesday 26 October 2010 07:54

THE conviction of Luke Mitchell could come under review if the Crown Office loses a landmark test case at the UK Supreme Court today.

In a vital hearing, judges will rule on the case of Peter Cadder, a teenager charged with assault and breach of the peace who was convicted on the basis of evidence gained before he spoke to his lawyer, which he claims breached his human rights.

Police in Scotland can question suspects for up to six hours without a lawyer present, then they must be freed or charged.

If the Crown Office loses the Peter Cadder case, other similar convictions may be reviewed or appealed including the conviction of Mitchell, who was sentenced to a minimum of 20 years for the murder of Jodi Jones, 14, in Dalkeith in 2003. The fact that police questioned the then 14-year-old without a lawyer is already being investigated by the Criminal Cases Review Commission.

Holyrood ministers were today expected to announce emergency legislation to rush through changes that will give all suspects held by police the right to consult a lawyer. The time they can be detained without charge is likely to be extended from six hours to a maximum of 24 hours.