Birse v Hm Advocate: HCJ 28 Jun 2000

Where a magistrate had heard a proper description of the reasons for granting a search warrant, it was not an abuse of the suspect’s human rights to execute it, even though he had not had chance to make any representations about the search. The right to an effective remedy was not to be enshrined in UK law, and this came close to such a claim.

Citations:

Times 28-Jun-2000

Human Rights, Scotland, Criminal Practice

Updated: 18 May 2022; Ref: scu.78422