Cadder and the right to legal assistance in police detention 

​Who
JUSTICE is an all-party law reform and human rights organisation working to strengthen the justice system – administrative, civil and criminal – in the United Kingdom.

The issue
Cadder was detained by the police on suspicion of serious assault and cautioned in line with Sections 14 and 15 of the Criminal Procedure (Scotland) Act 1995. He was told that he was entitled to have a solicitor informed of his detention but he did not exercise that right and so he was interviewed without a lawyer being present. During the interview, Cadder made a number of admissions which were later relied on by the Crown at trial. Cadder was subsequently convicted.
​The appeal court in Scotland refused Cadder leave to appeal against his conviction.  Therefore the Cadder appeal went to the UK Supreme Court who were asked to consider whether, in not ensuring the right of access to a lawyer while in the police station, the Scottish statute breached the right to a fair trial, recognised in Article 6(1) and 6(3)(c) of the ECHR.

The outcome
JUSTICE intervened to provide submissions on the case-law of the European Court of Human Rights and international and comparative law practice. Lord Hope’s judgment described JUSTICE’s submissions as “helpful”.
The Supreme Court found that there was a violation of Convention rights. This case has had a profound effect on the criminal justice system in Scotland, leading to new law and practice designed to protect the right of access to legal advice at the police station.

​Read the case judgement

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