Test case opens that could alter prosecution in Scotland

Published on Tuesday 20 October 2009 21:55

A BENCH of seven appeal court judges began hearing a test case in Edinburgh yesterday which could reshape the prosecution of crime in Scotland.

It is rare for so many judges to be called together to decide an issue, but the ruling on whether suspects should have a solicitor present during police interviews has huge implications.

The country's senior judge, Lord Hamilton, the Lord Justice-General, who is presiding, has described the case as being "of the first importance, so far as the system of the administration of criminal justice in this country is concerned".

At present, the law does not compel the police to allow a solicitor to be present during an interview. The suspect has the right only to have a solicitor informed of his detention.

However, a recent ruling by the European Court of Human Rights has prompted a rethink. 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.

If the law were to be changed, thousands of cases involving police interview evidence could be affected, and people convicted would seek to raise appeals.

The hearing is expected to last two days, and the court will issue its judgment later.