Macklin v Her Majesty’s Advocate (Scotland): SC 16 Dec 2015

Appeal against conviction (in 2003) after release of undisclosed material helpful to the defendant, including an eye witness decsription incompatible with the defendant.
Held: The court considered the developing issues as to compatibility questions and devolution appeals. The case having already been cnsidered fully by the High Court o Justice inEdinburgh, the present courts jurusdiction was limited to the question of whether that court had considered the appeal before it applyng the correct law and procedures. It had done so and therefore the appeal failed. It was outside the jurisdiction of the Supreme Court to visit the merits of the decision by way of re-assessing whether the conviction had been safe.

Lord Neuberger, President, Lady Hale, Deputy President, Lord Sumption, Lord Reed, Lord Hughes, Lord Toulson, Lord Gill
[2015] UKSC 77, 2016 GWD 1-6, 2016 SLT 1, 2016 SCL 80, 2016 SCCR 119, UKSC 2014/0173
Bailii, Bailii Summary, SC, SC Summary
Firearms Act 1968 17, Scotland Act 2012
Appeal fromPaul Alexander Macklin v Her Majesty’sAdvocate HCJ 11-Sep-2013
The defendant appealed against his conviction, complaining that the prosecution had failed to disclose before trial, items of evidence pointing to others as possibly responsible. . .
CitedEdwards v The United Kingdom ECHR 16-Dec-1992
The fact that the elderly victim of the robbery of which the defendant had been convicted had failed to pick out Mr Edwards when she was shown two volumes of photographs of possible burglars which included his photograph was not disclosed to the . .
CitedMcInnes v Her Majesty’s Advocate SC 10-Feb-2010
The defendant complained that the prosecution had not disclosed the fact that a prosecution witness had convictions, and that had it been disclosed it would have undermined the prosecution. Other statements taken were not disclosed as had later . .
CitedMansell v United Kingdom ECHR 2003
The non-disclosure of material evidence in the trial proceedings was held to have been remedied by the Court of Appeal’s examination of the impact of the non-disclosure upon the safety of the conviction. . .
CitedHolland v Her Majesty’s Advocate (Devolution) PC 11-May-2005
The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure.
Held: The combination of several failings meant that the defendant . .
CitedSinclair v Her Majesty’s Advocate PC 11-May-2005
(Devolution) The defendant complained that the prosecutor had failed to disclose all the witness statements taken, which hid inconsistencies in their versions of events.
Held: The appeal was allowed. It was fundamental to a fair trial that the . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Constitutional, Human Rights

Updated: 08 January 2022; Ref: scu.556977