Test case could change face of Scots justice

Published on Thursday 2 July 2009 21:48

A CASE with potentially huge implications for the Scottish criminal justice system began yesterday before three senior appeal judges.

At present, the law does not compel the police to allow a solicitor to be present during interviews with a suspect.

However, a recent ruling by the European Court of Human Rights has put a question mark over the fairness of the practice. The court decided in a case from Turkey that denying legal assistance to a youth while in police custody had been a violation of the right to a fair trial under the European Convention on Human Rights.

Defence lawyers in Scotland have seized on the judgment to challenge evidence obtained during police questioning.

A test case, involving a youth accused of stealing a car and setting fire to it, has been taken before the Court of Criminal Appeal in Edinburgh.

Scotland's senior judge, Lord Justice-General Lord Hamilton, is hearing the case with Lord Kingarth and Lady Cosgrove.

At its opening yesterday, Lord Hamilton stressed they wanted to ensure that the hearing was completed within the allocated two days. But it could be weeks before their decision is known.

Were they to outlaw current practice, it could affect thousands of cases going through the courts in which the Crown is relying on police interview evidence. Also, there would be attempts to take appeals in cases where convictions have been secured using such evidence.

The police would also have to change the way they conduct interviews.