Procurator Fiscal, Fort William v Mclean and Another: HCJ 11 Aug 2000

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