HER MAJESTY'S ADVOCATE v. R.L. [2012] ScotHC HCJ_38 (06 March 2012)

HER MAJESTY'S ADVOCATE v. R.L. [2012] ScotHC HCJ_38 (06 March 2012)

The accused was adequately informed of the seriousness of the allegations and voluntarily, unequivocally waived his right to consult a solicitor. The passage of time and loss of evidence did not create a risk of prejudice so grave that it could not be addressed by the trial judge. The Devolution Issue Minute and the plea of oppression are not well founded.

Citation
[2012] ScotHC HCJ_38
Parties
Prosecutor: Her Majesty's Advocate; Accused: R.L.
Jurisdiction
Scotland
Judgment Date
06 March 2012
Procedural Posture
Criminal / Preliminary Hearing and Evidential Hearing on Devolution Issue Minute and Plea in Bar of Trial (oppression)
Outcome
Both the Devolution Issue Minute and the preliminary plea of oppression are repelled.
Legal Topics
Right to Legal Representation, Waiver of Legal Rights, Oppression, Delay in Prosecution, Fair Trial, Historic Sexual Offences
Criminal Law Human Rights Law Right to Legal Representation Waiver of Legal Rights Oppression Delay in Prosecution Fair Trial Historic Sexual Offences

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Parties

Her Majesty's Advocate

Prosecutor

R.L.

Accused

Procedural Posture

Criminal / Preliminary Hearing and Evidential Hearing on Devolution Issue Minute and Plea in Bar of Trial (oppression)

Legal Issues

  1. 1 Whether the accused's Article 6 right to legal representation was breached by the police interview process
  2. 2 Whether the accused's waiver of the right to consult a solicitor was informed, voluntary, and unequivocal
  3. 3 Whether the passage of time and loss of evidence rendered the trial oppressive and unfair

Ratio Decidendi

The accused was adequately informed of the seriousness of the allegations and voluntarily, unequivocally waived his right to consult a solicitor. The passage of time and loss of evidence did not create a risk of prejudice so grave that it could not be addressed by the trial judge. The Devolution Issue Minute and the plea of oppression are not well founded.

Court Disposition

Both the Devolution Issue Minute and the preliminary plea of oppression are repelled.

Orders

  • Repel the plea in the Devolution Issue Minute.
  • Repel the preliminary plea of oppression.