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Criminal evidence – Appeal. The Supreme Court dismissed a defendant's appeal against conviction for possessing a handgun and assault where he alleged that non-disclosure of prosecution material in a Scottish trial had breached his right to a fair trial under art 6 of the European Convention on Human Rights. The court held that the lower court had not only identified the correct test concerning the prosecution's failure to disclose identification evidence to the defence which should have been disclosed, but had also applied it to the circumstances of the case. The court also considered the jurisdiction of the Supreme Court to hear appeals, under s 288AA of the Criminal Procedure (Scotland) Act 1995.
Criminal evidence – Appeal. The Supreme Court dismissed a defendant's appeal against conviction for possessing a handgun and assault where he alleged that non-disclosure of prosecution material in a Scottish trial had breached his right to a fair trial under art 6 of the European Convention on Human Rights. The court held that the lower court had not only identified the correct test concerning the prosecution's failure to disclose identification evidence to the defence which should have been disclosed, but had also applied it to the circumstances of the case. The court also considered the jurisdiction of the Supreme Court to hear appeals, under s 288AA of the Criminal Procedure (Scotland) Act 1995.
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Reviews by Daniel Barnett
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