HER MAJESTY'S ADVOCATE v. BARRY McLEAN [2000] ScotHC 96 (5th October, 2000)
The interview under caution was a distinct and fair process, unaffected by the prior section 172 admission, and its transcript is admissible as evidence. The accused's Convention rights were not infringed by the admission of this evidence.
- Citation
- [2000] ScotHC 96
- Parties
- Prosecution: HER MAJESTY'S ADVOCATE; Accused: BARRY McLEAN
- Jurisdiction
- Scotland
- Procedural Posture
- Criminal / Ruling on Evidentiary Objection During Trial
- Outcome
- objection repelled
- Legal Topics
- Admissibility of Evidence, Self Incrimination, Fair Trial Rights, Road Traffic Act 1988, European Convention on Human Rights
Case Brief
Summary, issues, holding and outcome
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Parties
HER MAJESTY'S ADVOCATE
Prosecution
BARRY McLEAN
Accused
Procedural Posture
Criminal / Ruling on Evidentiary Objection During Trial
Legal Issues
- 1 Whether evidence from an interview under caution is admissible when preceded by a self-incriminating reply to a section 172 requirement under the Road Traffic Act 1988
- 2 Whether the accused's right to a fair trial under Article 6 of the European Convention on Human Rights was infringed
Ratio Decidendi
The interview under caution was a distinct and fair process, unaffected by the prior section 172 admission, and its transcript is admissible as evidence. The accused's Convention rights were not infringed by the admission of this evidence.
Court Disposition
objection repelled
Orders
- Transcript of interview under caution admitted as evidence
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