A rule which restricted the amount payable to a defendant to cover his legal fees in defending a case brought against him to pounds 550.00 was not an infringement of his human rights. To demonstrate a breach of the right to a fair trial, the defendant must show not only prejudice, but also some material disadvantage involving an actual and material risk of harm to his defence.
Citations:
Times 11-Aug-2000
Statutes:
Criminal Legal Aid (Fixed payments)(Scotland) Regulations 1999 (SI 1999 No 491)
Jurisdiction:
Scotland
Legal Aid, Human Rights
Updated: 05 November 2022; Ref: scu.85053