Catch up with the latest news.
First Cadder-related referral
The Scottish Criminal Cases Review Commission (‘the Commission’) has made its first referral to the High Court in the wake of the Cadder ruling. The case concerned is that of Ryan McCallum, who was convicted of rape on 19th May 2009, and later sentenced to five years’ imprisonment. The Commission has… Read more ...ECHR rules on the use of hearsay evidence
The European Court of Human Rights (ECHR) has found that the use of hearsay evidence does not automatically prevent a fair trial. The Grand Chamber judgment in the case of Al-Khawaja and Tahery v UK held that while there had been a violation of article 6 – the right to… Read more ...MEPs call for EU common standards for detention conditions
Urgent measures are needed to remedy the “alarming" state of prisons across the EU, the European Parliament has said in a recent resolution. MEPs have called for action to protect prisoners' fundamental rights and minimum common standards for detention conditions in all EU countries. According to MEPs, an "alarming picture… Read more ...Commission publishes report on criminal liability of partnerships
The Scottish Law Commission has recently published its Report on criminal liability of partnerships. The Report was prompted by a failed prosecution following the fatal fire at the Rosepark nursing home in 2004, which highlighted a problem with the law: a partnership could not be prosecuted once it had been… Read more ...Human Rights Day
Tomorrow, 10th December 2011, is Human Rights Day. The event is celebrated every year on 10th December - the birthday of the Universal Declaration of Human Rights, which was created 63 years ago. "Human rights belong to every one of us without exception. But unless we know them, unless we… Read more ...EU-wide protection rules for crime victims
Crime victims who are granted protection in one EU Member State will be able to get similar protection if they move to another, under new European Protection Order rules endorsed by the Civil Liberties and the Women's Rights Committees of the European Parliament. Protection would be available to, for instance… Read more ...A "letter of rights" to ensure fair trials
Anyone suspected or accused of having committed a crime in the EU must be promptly informed of his or her procedural rights in easy-to-understand language, according to a draft law endorsed by the Civil Liberties Committee of the European Parliament. Any suspect who is then arrested or detained must also… Read more ...Commission launches Human Trafficking in Scotland report
The Equality and Human Rights Commission (the Commission) has launched the findings from its inquiry into human trafficking in Scotland. The inquiry focused on trafficking for the purposes of forced labour, domestic servitude and criminal exploitation, but more explicitly on commercial sexual exploitation. The findings led to a series of… Read more ...Carloway Review Report published
A package of proposals to overhaul Scots criminal law has been unveiled following a year-long independent review by the High Court Judge, Lord Carloway. The Carloway Review was commissioned last year by Justice Secretary Kenny MacAskill. Lord Carloway's Report follows an extensive research and consultation process, supported by a full… Read more ...