Glasgow's legal community still aiming to pin down implications of a Cadder decision

The Scotsman

Published Date: 06 September 2010

By Christopher Mackie

THE Glasgow Bar Association has set up a working group to examine the implications of the recent Cadder case that threatens to leave the Scottish justice system open to thousands of claims from suspects interviewed by police without a lawyer present.

The intention of the group, which has already held its first meeting, is to produce a detailed report on how the criminal procedures in Scotland can be kept within the auspices of the European Convention of Human Rights in the wake of the widely anticipated court case decision which is expected next month.

Peter Cadder, who was convicted at Glasgow Sheriff Court, has taken his case to the UK Supreme Court, arguing that his human rights had been breached after he was convicted of two assaults and breach of the peace in part because of answers he provided during an interview with police conducted without legal counsel. His argument is based on a European decision on a Turkish case of a man who successfully argued his rights had been similarly breached.

If Mr Cadder is successful, experts have warned that thousands of claims could be made by prisoners convicted using evidence from police interviews.

The GBA has confirmed that the working group set up to examine the case will have three permanent members - the body's president John McGovern, its past-president Gerry Considine and criminal human rights lawyer Gerry Sweeney.

Mr McGovern said: "The Group will consult with as many solicitors, and others, from as many jurisdictions as it requires." He added: "Cadder presents so many issues that could impact on criminal procedure in Scotland that a mature, considered examination of those likely issues is required.

"The profession should not be apprehensive about Cadder. It's likely outcome will not reinvent the wheel. But it will lead to big changes and it's important that the profession takes a lead in determining, and influencing, what those changes should be."

Mr McGovern said policy makers should be wary that the Cadder case not be used as a "vehicle to restrict suspects' rights, rather than reinforce them" otherwise further legal challenges to convictions were likely.

Last week, the Law Society of Scotland announced it had helped secure amendments to the emergency guidelines now used in police interviews to ensure they complied with the solicitors code of conduct. Prior to the announcement, solicitors raised concerns that the interim rules, which saw lawyers directed by police officers, contradicted the fundamental duty that they had to their clients.

But Mr McGovern warned: "The interim settlement on Cadder is unacceptable and is not ECHR compliant."