Litigating for Change
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  • Step by Step Guide
    • Step one: Initial questions to consider
    • Step two: Put it in writing
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    • SPSO investigate complaint against Fife NHS Board
    • Protecting Refugees who are victims of domestic violence in the UK
    • Cadder and the right to legal assistance in police detention
    • Challenging routine immigration detention in the UK
    • Protecting a child's rights to privacy in the Named Person scheme
    • Young people’s opt-out from religious observance in schools
    • Challenging school exclusion of children with disabilities
    • Protecting complainers’ human rights in justice system
    • Protecting refugees from destitution -challenging SERCO lock-changes
    • Challenging council process around homelessness
  • Resources
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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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Copyright © 2018
  • Home
  • About
    • Who is this guide for?
    • What is this guide not about?
    • How to use this guide
    • About the authors
    • Accessibility Statement
    • Contact
  • Step by Step Guide
    • Step one: Initial questions to consider
    • Step two: Put it in writing
    • Step three: Get advice
    • Step four: Consider the method
    • Step five: Work with others
    • Step six: Planning
    • Step seven: Resourcing
    • Step eight: Communications
  • Methods
    • Complaints
    • Judicial Review
    • Legal Opinion
    • Public Interest Intervention
    • Tribunals
  • Case Studies
    • SPSO investigate complaint against Fife NHS Board
    • Protecting Refugees who are victims of domestic violence in the UK
    • Cadder and the right to legal assistance in police detention
    • Challenging routine immigration detention in the UK
    • Protecting a child's rights to privacy in the Named Person scheme
    • Young people’s opt-out from religious observance in schools
    • Challenging school exclusion of children with disabilities
    • Protecting complainers’ human rights in justice system
    • Protecting refugees from destitution -challenging SERCO lock-changes
    • Challenging council process around homelessness
  • Resources
    • Equality and Human Rights Commission
    • Equality and Human Rights Law in the UK
    • Glossary
    • Useful contacts