The appellant challenged his conviction for sexual crimes, saying that the taking of a swab from his mouth for a DNA test had been unlawful, and the evidence consequent to that should not have been admitted.
Held: The appeal was refused. Cowie was overturned.
Judges:
Lady Paton, Lord Carloway, Lord Menzies, Lord Brodie,
Lord Doherty
Citations:
[2012] ScotHC HCJAC – 146, 2013 JC 124, 2012 SCCR 787, 013 GWD 1-11, 2013 SCL 61, 2013 SLT 11, [2012] HCJAC 146
Links:
Jurisdiction:
Scotland
Citing:
Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 14 November 2022; Ref: scu.471092
