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13 October 2011
Issue: 7485 / Categories: Case law , Law digest , In Court
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Human rights

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—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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