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Cadder v HM Advocate

Cadder v HM Advocate

Case [2010] UKSC 43

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AGLC: Cadder v HM Advocate [2010] UKSC 43
Case: [2010] UKSC 43
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Cadder v HM Advocate [2010] UKSC 43

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Cases Citing This Decision

BCFK Holdings Pty Ltd v Rork Projects Pty Ltd (No 2) [2023] NSWSC 185
Citation 1 (Para 11)

…General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 at [57] (Basten JA, citing the endorsement in Cadder v Her Majesty’s Advocate [2010] UKSC 43; [2010] 1 WLR 2601 at [101] (Rodger LJ), endorsing Murray CJ in A v The Governor of Arbour Hill Prison [2006] 4 IR 88); Roberts v White [1999] NSWCA 12 at…
Sinkovich v Attorney General of New South Wales [2013] NSWCA 383
Citation 2 (Para 1)

…In Cadder v Her Majesty's Advocate [2010] UKSC 43; [2010] 1 WLR 2601, the UK Supreme Court endorsed the following passage from the judgment of Murray CJ in A v The Governor of Arbour Hill Prison [2006] 4 IR 88, which may be found in the judgment of Lord Rodger in Cadder at [101]:…
Gordon (Appellant) v Scottish Criminal Cases Review Commission (Respondent) (Scotland) [2017] UKSC 20
Citation 3

…court gave judgment in Cadder v HM Advocate [2010] UKSC 43; 2011 SC (UKSC) 13; [2010] 1 WLR 2601.…
McGowan (Procurator Fiscal, Edinburgh) (Appellant) v B (Respondent) (Scotland) [2011] UKSC 54
Citation 4

…s case did have reason to think that he had a right of access to legal advice, as his detention took place after the decision in Cadder v HM Advocate [2010] UKSC 43, 2011 SC (UKSC) 13 and he was told that he had a right to a consultation with a solicitor before he was interviewed. But the question whether his dec…
Reference Her Majesty's Advocate v P (Scotland) [2011] UKSC 44
Citation 5

…1. On 26 October 2010 this Court issued its judgment in Cadder v HM Advocate [2010] UKSC 43, 2010 SLT 1125. It held that the Crown’s reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a detainee under section 14 of the Criminal Procedure (Scotland) Act 1995 ga…
Ambrose v Harris, Procurator Fiscal, Oban (Scotland) (Rev 1) [2011] UKSC 43
Citation 6

…(Instructed by G Keenan & Co) LORD HOPE On 26 October 2010 this Court issued its judgment in Cadder v HM Advocate [2010] UKSC 43, 2010 SLT 1125. It held that the Crown's reliance on admissions made by an accused without legal advice when detained under section 14 of the Criminal Procedure (Scotland) Act 1995 gave…
Fraser v Her Majesty's Advocate [2011] UKSC 24
Citation 7

…McDonald v HM Advocate [2008] UKPC 46, 2009 SLT 993; Allison v HM Advocate [2010] UKSC 6, 2010 SLT 261, para 6 per Lord Rodger; Cadder v HM Advocate [2010] UKSC 43, 2010 SLT 1125, [2010] 1 WLR 2601, para 11. The second was that it appeared to this court, applying the tests set out in McInnes v HM Advocate , 2010…
Gordon v Scottish Criminal Cases Review Commission (Scotland) [2017] UKSC 20
Citation 8

…) Act 2010 (“the 2010 Act”), a piece of emergency legislation which was enacted on the day after this court gave judgment in Cadder v HM Advocate [2010] UKSC 43; 2011 SC (UKSC) 13; [2010] 1 WLR 2601.…
Her Majesty's Advocate v P (Scotland) [2011] UKSC 44
Citation 9

…) LORD HOPE (WITH WHOM LORD DYSON, LORD KERR AND LORD MATTHEW CLARKE AGREE) On 26 October 2010 this Court issued its judgment in Cadder v HM Advocate [2010] UKSC 43, 2010 SLT 1125. It held that the Crown's reliance on admissions made by an accused who had no access to a lawyer while he was being questioned as a d…
Jude v Her Majesty's Advocate (Scotland) (Rev 1) [2011] UKSC 55
Citation 10

…ions 14 and 15 of the Criminal Procedure (Scotland) Act 1995. Their detentions took place prior to the decision of this court in Cadder v HM Advocate [2010] UKSC 43, 2011 SC(UKSC) 13; [2010] 1 WLR 2601. As was the practice at that time, they did not have access to legal advice either before or during their police…
McGowan (Procurator Fiscal) v B (Scotland) [2011] UKSC 54
Citation 11

…s case did have reason to think that he had a right of access to legal advice, as his detention took place after the decision in Cadder v HM Advocate [2010] UKSC 43, 2011 SC (UKSC) 13 and he was told that he had a right to a consultation with a solicitor before he was interviewed. But the question whether his dec…
O'Neill v Her Majesty's Advocate No 2 (Scotland) [2013] UKSC 36
Citation 12

…mstances where the questioning might affect his right to a fair trial: Salduz v Turkey (2008) 49 EHRR 421; Cadder v HM Advocate [2010] UKSC 43, 2011 SC (UKSC) 13, [2010] 1 WLR 2601. The question posed by article 6(1) read together with article 6(3) is a different question from that posed by the reasonable time gu…
Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22
Citation 13

…t an unconstitutional provision remains applicable for a transitional period. As was noted in Cadder v HM Advocate [2010] UKSC 43, 2011 SC (UKSC) 13, para 58, section 102 of the Scotland Act gives effect to that principle. This suggests that closed cases of whatever kind should be allowed to stand. But if the pri…
Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34
Citation 14

…nadmissible - see section 58 of the Police and Criminal Evidence Act 1984 (PACE); Cadder v HM Advocate (HM Advocate General for Scotland intervening) [2010] UKSC 43; [2010] 1 WLR 2601.…
T & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2014] UKSC 35
Citation 15

…r v HM Advocate (HM Advocate General for Scotland intervening) [2010] UKSC 43; [2010] 1 WLR 2601, para 58), and to the possibility, if necessary to protect legal certainty, of either exercising the court's discretion to refuse to provide a remedy, or alternatively granting a remedy with only prospective effect. I…

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