New Judgment: Macklin v Her Majesty’s Advocate (Scotland)  UKSC 77
16 Wednesday Dec 2015
On appeal from:  HCJAC 80
The Supreme Court unanimously dismissed the appeal against the appellant’s convictions contending that that the Crown had failed to disclose material to the defence.
In delivering the leading judgment Lord Reed reasoned that the question of whether a failure of disclosure has resulted in a breach of the ECHR, article 6(1), has to be considered in the light of the proceedings a whole, including the decisions of appellate courts. This involves consideration firstly of whether the prosecution failed to disclose all material evidence, in circumstances in which such a failure would result in a violation of article 6(1), and secondly whether the defect in the trial procedures was remedied by the procedure before the appellate court
He stated that in the present case it is clear from the reasoning of the High Court that it identified the correct test and also applied it to the circumstances of the case. Comparison with Holland v HM Advocate  UKPC D 1 does not assist, as the Judicial Committee of the Privy Council was performing a different exercise and its decision reflected the particular circumstances of that appeal.
To watching the hearing please visit: Supreme Court website