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Allison v Her Majesty’s Advocate: SC 10 Feb 2010

(Scotland) The defendant appealed against his conviction saying that the prosecution had introduced at trial a statement of a witness who had died before the trial, but they had failed to disclose that he had several convictions and outstanding charges. He said this raised a devolution issue in that his human right to a fair … Continue reading Allison v Her Majesty’s Advocate: SC 10 Feb 2010

McKenna v Her Majesty’s Advocate: ScHC 30 Dec 1999

The appellant was charged with murder. A witness had since died, and he objected to the introduction of his written statement, on the basis that this would infringe his right to a fair trial. The evidence was likely to be decisive. Held: The fairness of the trial had to be considered as a whole. There … Continue reading McKenna v Her Majesty’s Advocate: ScHC 30 Dec 1999