Advocate (HM) v Friel

JurisdictionScotland
Date1978
Year1978
CourtHigh Court of Justiciary
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4 cases
  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • United Kingdom
    • High Court of Justiciary
    • 4 February 2000
    ...Even with a caution, anything in the nature of cross-examination would render the answers inadmissible: Chalmers; HM Advocate v Friel (1978 SLT (Notes) 21). But for the Companies Act, Scottish common law would have reached exactly the same result in relation to the Mr Saunders' answers to t......
  • Margaret Anderson Brown V. Procurator Fiscal, Dunfermline
    • United Kingdom
    • High Court of Justiciary
    • 4 February 2000
    ...& Excise and where the answers obtained were in consequence held inadmissible in a criminal trial I refer to H.M. Advocate v. Friel 1978 S.L.T. (Notes) 21. I conceive that, but for section 434(5) of the Companies Act 1985, the Scottish common law would have reached exactly the same result i......
  • Her Majesty's Advocate V. William Duncan+lisa Stuart
    • United Kingdom
    • High Court of Justiciary
    • 23 May 2006
    ...Clerk (Grant) said in Miln v Cullen was "undue pressure, cajoling or trapping" and what Lord Ross described in Friel v HM Advocate 1978 SLT (Notes) 21 as "sustained and forceful questioning". Similarly and unsurprisingly, deception on the part of the police would normally amount to unfairne......
  • Her Majesty's Advocate V. Stephen Ronald
    • United Kingdom
    • High Court of Justiciary
    • 27 April 2007
    ...Clerk (Grant) said in Miln v Cullen was "undue pressure, cajoling or trapping" and what Lord Ross described in Friel v HM Advocate 1978 SLT (Notes) 21 as "sustained and forceful questioning". Unsurprisingly, deception on the part of the police would normally amount to unfairness, particular......

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