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NEWS
01 Sep 2010

GBA form working group to tackle Cadder verdict

The Glasgow Bar Association has established a Working Group to "scrutinise and consider"the Cadder case and the impending appeal, which has already led to strike action across the country following the issue of emergency guidelines by the Lord Advocate.

The Working Group, comprising GBA President John McGovern, Past President Gerry Considine and criminal human rights lawyer Gerry Sweeney, has met and devised a remit to produce a Report to outline how Scottish criminal procedure can remain ECHR compliant.

"The Group will consult with as many solicitors, and others, from as many jurisdictions as it requires," said McGovern.

"Cadder presents so many issues that could impact on criminal procedure in Scotland that a mature, considered examination of those likely issues is required. We believe 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.

"Policy makers should be wary that if Cadder is used as a vehicle to restrict suspect's rights, rather than reinforce them, then further Article 6 challenges will follow. The interim settlement on Cadder is unacceptable and is not ECHR compliant. It's important that the final settlement is more considerate and that it respects ECHR jurisprudence"


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