CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, October 8, 2005

Scotland: Defense Lawyers Get Witness Rap Sheets

Defence lawyers in Scotland did not always have access to prosecution witnesses' criminal records and pending charges, until the Privy Council applied to EU human rights law principles to conclude that disclosure was required.  Some good discussion in the opinion about dock identification and identification parades. At one point, the opinion states that "The Crown proceeded to precognosce the witnesses"; what the heck does that mean. Story here; opinion of the Privy Council here. [Jack Chin]

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