Legal assistance and the protection of suspects in a post-Cadder world

K Law (General)

Capaldi, Louis G. ; Leverick, Fiona

University:University of Glasgow

Department:School of Law

关键词: K Law (General);   

Others  :  http://theses.gla.ac.uk/5500/7/2014capaldillm.pdf

来源: University of Glasgow

【 摘 要 】

This thesis reviews the extent to which the introduction of a right to legal assistance(RLA) during detention has improved the protection of suspects following: (i) changesthat have been made in the Criminal Procedure (Legal Assistance, Detention andAppeals) (Scotland) Act 2010 and (ii) changes proposed in legislation stemming fromLord Carloway’s Review, namely the Criminal Justice (Scotland) Bill that is currentlyprogressing through the Scottish Parliament. It will do this by identifying and thenassessing the four main protections facilitated by the newly introduced RLA in the post-Cadder Scottish criminal justice system. The likely effect on a suspect following theimplementation of the Criminal Justice (Scotland) Bill in conjunction with the limitedsafeguards which have been incorporated into the Bill as it stands at present, means thatthe enhanced protections intended to ensure increased fairness and justice for allsuspects, may in fact largely nullify the intentions of both the Cadder ruling and LordCarloway’s recommendations, however well intentioned both were. This thesisconcludes that with a lack of adequate safeguards in place, combined with high rates ofwaiver, an increase in the time a suspect can now be detained, and the removal of thatcornerstone of criminal procedure, corroboration, all conspire to make a suspect lessprotected than he would have been prior to the introduction of the RLA in the 2010 Act.