ADMISSIONS MADE BY ACCUSED DURING POLICE INTERVIEW WITHOUT OPPORTUNITY TO SEEK LEGAL ADVICE

[2011] UKSC 54 [2011] UKSC 54

The jurisprudence of the European Court of Human Rights did not support the proposition that, as a rule, the right of access to legal advice during police questioning could only be waived if the accused had received advice from a lawyer as to whether or not he should do so.

[2011] UKSC 55 [2011] UKSC 55

The time limit in the Scotland Act 1998 s.100(3B) did not apply to proceedings brought by way of appeal under the Criminal Procedure (Scotland) Act 1995, since the latter Act had its own system of time limits for the bringing of appeals, which s.100(3B) had not been intended to override. The court also considered whether a refusal of legal representation while making an unsolicited admission following a police interview amounted to a waiver of the right of access to legal advice for the purposes of determining whether the trial had been fair.