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Human rights

13 October 2011
Issue: 7485 / Categories: Case law , Law digest , In Court
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Ambrose v Harris (Procurator Fiscal Oban) (Scotland) and other appeals [2011] UKSC 43, [2011] All ER (D) 45 (Oct)

The fact that incriminating statements were made without access to a lawyer did not of itself mean that the rights of the defence were irretrievably prejudiced. The correct starting point, when considering whether the person’s rights under the European Convention on Human Rights (the Convention) had been breached, was to identify the moment as from which he was charged for the purposes of Art 6(1) of the Convention.

The test was whether the situation of the individual was substantially affected. His position would have been substantially affected as soon as the suspicion against him was being seriously investigated and the prosecution case compiled. The moment at which the individual was no longer a potential witness but had become a suspect provided as good a guide as any as to when he should be taken to have been charged for the purposes of Art 6(1). Any questioning of an individual who had been detained in custody by persons who

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

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Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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