Case details
Decided Cases will be published after Judgments are handed down.
For Judgments handed down before 31 July 2009 please refer to the House of Lords website.
| General | |
|---|---|
| CaseID | UKSC 2010/0022 |
| Case name | Cadder (Appellant) v Her Majesty's Advocate (Respondent) (Scotland) |
| Case stage | Awaiting Judgment |
| Date of issue | 04 Feb 2010 |
| Expedition requested | Requested |
| Order being appealed - Date | 25 Nov 2009 |
| Order being appealed - Court | High Court of Justiciary (Scotland) |
| Devolution | Yes |
| Human Rights raised | No |
| Human Rights raised - details | |
| Intervener | Yes |
| Case Summary |
|---|
|
On appeal from the High Court of Justiciary (Scotland)IssueWhether the use of: (i) material obtained in a police interview without legal representation; and (ii) dock identification, in the criminal proceedings in which the Appellant was convicted rendered his trial unfair contrary to Article 6 ECHR.FactsThe Appellant was convicted of assault and breach of the peace. At trial, the prosecution led evidence which the Appellant provided while being interviewed by police without a lawyer being present. There was also a dock identification.
|
| Permission to appeal | |
|---|---|
| Date supporting documents received | 21 Jan 2010 |
| Date PTA application referred to justices | 15 Feb 2010 |
| Date of oral hearing | |
| Permission granted/refused | |
| Notice of intention to proceed filed | No |
| Parties | |
|---|---|
| Appellant name | Peter Cadder |
| Appellant case due date | 23 Apr 2010 |
| Appellant case date filed | 27 Apr 2010 |
| Respondent name | Her Majesty's Advocate |
| Date form 3 filed | |
| Date form 3 issued | 04 Feb 2010 |
| Respondent case due date | 06 May 2010 |
| Respondent case date filed | 06 May 2010 |
| Respondent name | The Advocate General for Scotland |
| Date form 3 filed | |
| Date form 3 issued | |
| Respondent case due date | 06 May 2010 |
| Respondent case date filed | 07 May 2010 |
| Intervener - names | The Advocate General for Scotland JUSTICE |
| Appeal | |
|---|---|
| Justices allocated | Yes |
| Justices allocated - names | Lord Hope of Craighead Lord Rodger of Earlsferry Lord Walker of Gestingthorpe Lord Brown of Eaton-under-Heywood Lord Mance of Frognal Lord Kerr of Tonaghmore Sir John Dyson SCJ |
| PTA granted by court below | No |
| Statement of facts & issues and Appendix due date | 06 Apr 2010 |
| Statement of facts & issues and Appendix date filed | |
| Time estimate | |
| Time estimate received | |
| Time estimate number of days | 2 days |
| Hearing date | 24 May 2010 |
| Other hearing location | |
| Core volumes due date | 10 May 2010 |
| Core volumes date filed | |
| Authorities due date | 10 May 2010 |
| Authorities date filed | 13 May 2010 |
| Hand down date | |