HM Advocate v McGuigan: HCJ 1936

An irregularity in the obtaining of evidence does not necessarily make that evidence inadmissible.

Judges:

Lord Justice Clerk Aitchison

Citations:

1936 JC 16

Cited by:

ApprovedLawrie v Muir HCJ 23-Nov-1949
The prosecution case was said to have been based on evidence acquired during an unlawful search of the defendant’s premises.
Held: An irregularity in the method by which evidence has been obtained does not necessarily make that evidence . .
CitedHer Majesty’s Advocate v P SC 6-Oct-2011
(Scotland) The appellant had been interviewed by police without being offered access to a solicitor. He complained that the interview and information obtained only through it had been used to found the prosecution.
Held: The admission of the . .
Lists of cited by and citing cases may be incomplete.

Scotland, Criminal Practice

Updated: 04 May 2022; Ref: scu.445167