Gordon (Appellant) v Scottish Criminal Cases Review Commission (Respondent) (Scotland)

Описание: [2017] UKSC 20

UKSC 2015/0125
Gordon (Appellant) v Scottish Criminal Cases Review Commission (Respondent) (Scotland)
On appeal from the Inner House of the Court of Session

The appellant was convicted of rape in 2002, following trial. During an interview with the police, the appellant asserted that intercourse was with the complainant's consent. His answers provided the necessary corroboration for the charge of rape to be indicted for trial. The appellant had been offered the opportunity to inform a solicitor that the interview was being conducted, but not the opportunity to consult with a solicitor before answering the police's questions. The appellant maintains that he has suffered a miscarriage of justice, and has made several applications to the respondent to refer his case to the High Court. The present application raises a ground of appeal based on the judgment of this court in Cadder v HMA [2011] UKSC 13. Had Cadder been the law in 2002, the police would have been obliged to facilitate a consultation with a solicitor before requiring the appellant to answer any questions that might incriminate him. The respondents refused to make a reference on this ground, finding that although a miscarriage of justice may have occurred, it was not in the interests of justice to refer his case to the High Court. The appellant challenges this decision. The issue in the case was whether the respondent erred in law in refusing to refer the appellant’s case to the High Court.

The Supreme Court unanimously dismisses Mr Gordon’s appeal.