HER MAJESTY'S ADVOCATE v. COLIN BRYSON CAMPBELL [1999] ScotHC 225 (28th September, 1999)

No devolution issue arises from the absence of the accused's legal representative at the identification parade, as the act complained of is not determinative or irretrievably prejudicial to the fairness of the trial; any alleged unfairness can be addressed at trial through challenges to admissibility and accuracy of evidence.

Citation: [1999] ScotHC 225
Parties: Prosecutor: Her Majesty's Advocate; Accused: Colin Bryson Campbell
Jurisdiction: Scotland
Procedural Posture: Criminal / Pre Trial Motion (minute)
Outcome: Minute held incompetent; no devolution issue raised.
Legal Topics: Devolution Issue, Fair Trial, Identification Parade, Legal Representation, Convention Rights

Criminal Law Constitutional Law Human Rights Law Devolution Issue Fair Trial Identification Parade Legal Representation Convention Rights

Case Brief

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Parties

Her Majesty's Advocate

Prosecutor

Colin Bryson Campbell

Accused

Procedural Posture

Criminal / Pre Trial Motion (minute)

Legal Issues

1 Whether the absence of the accused's legal representative at an identification parade constitutes a devolution issue under the Scotland Act 1998
2 Whether such absence breaches Article 6 of the European Convention on Human Rights (right to a fair trial)

Ratio Decidendi

Court Disposition

Minute held incompetent; no devolution issue raised.

Orders

Minute dismissed; proceedings to continue without determination of a devolution issue.