Brown v HM Advocate

JurisdictionScotland
Year1966
Date1966
CourtHigh Court of Justiciary
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14 cases
  • Luke Mitchell V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • May 16, 2008
    ...is whether what has taken place has been fair or not? (See the opinion of the Lord Justice General (Clyde) in Brown v HM Advocate 1966 S.L.T. 105 at p.107). In each case where the admissibility of answers by a suspect to police questioning becomes an issue it will be necessary to consider t......
  • Ambrose v Harris (Procurator Fiscal)
    • United Kingdom
    • Supreme Court (Scotland)
    • October 6, 2011
    ...worked well in practice is whether what has taken place has been fair or not? (see the opinion of the Lord Justice General (Clyde) in Brown v HM Advocate 1966 SLT 105 at 107). In each case where the admissibility of answers by a suspect to police questioning becomes an issue it will be nec......
  • David Gilroy V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • December 20, 2012
    ...been at the stage of taking statements and the appellant was not the sole person whom the police had to speak to (see Brown v HM Advocate 1966 SLT 105, LJG (Clyde) at 108). There was nothing to suggest that the police had, at the time of taking the statements, sufficiently focussed their en......
  • Her Majesty's Advocate V. Lee Everton Higgins &c
    • United Kingdom
    • High Court of Justiciary
    • May 17, 2006
    ...the first accused submitted that the test of admissibility was one of fairness: Chalmers v H M Advocate 1954 JC 66; Brown v H M Advocate 1966 SLT 105; H M Advocate v Graham 1991 SCCR 56. English authorities were not relevant. In the present case, the rules of fair dealing had been flagrantl......
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1 books & journal articles
  • Chalmers to Cadder: Full Circle on Police Interrogation?
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , May 2015
    • May 1, 2015
    ...law protects a suspect from “unfair police interrogation” (my emphasis) but not from straightforward questions.3737See also Brown v HMA 1966 SLT 105 per Lord Justice General Clyde at 107. To render the accused's admission inadmissible in this latter case would amount to “a wholly unwarrante......

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