Glasgow & West Scotland

Supreme Court clarity sought on Cadder ruling

UK Supreme Court
Image caption The UK Supreme Court upheld an appeal by Peter Cadder

The Lord Advocate has asked the UK Supreme Court to clarify the law on the rights of suspects who are being detained by police in Scotland.

Frank Mulholland QC wants the court to examine four similar "test cases" in light of the Cadder ruling.

In 2010 the Supreme Court upheld Peter Cadder's appeal against a 2009 conviction for assault in Glasgow.

It ruled the practice of interviewing suspects without a solicitor present infringed their human rights.

At a hearing in London, Mr Mulholland told five judges: "Cadder has not made it clear exactly when suspects' right to legal advice arises."

Case backlog

The hearing is expected to end later this week.

Lawyers say uncertainty about the law has created a backlog of cases which a Supreme Court ruling could free.

Prosecutors in Scotland have refused to comment on the numbers of cases involved.

A Crown Office spokesman said: "We will not speculate in advance of the court's decisions.

"The Crown will assess and evaluate the impact of the court's decisions and thereafter consider releasing statistics in relation to affected cases once the impact of an adverse decision is fully known."

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