Chalmers to Cadder: Full Circle on Police Interrogation?

Peter Robert Duff

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1 Citation (Scopus)

Abstract

In this article, Peter Duff considers the issue of the stage at which otherwise unobjectionable police questioning of a witness or suspect must stop for reasons of the application of fundamental liberal principles, primarily the privilege against self-incrimination and the "equality of arms". The article examines the historical development of the law from the case of Chalmers v HMA, through the period of the Thomson Committee report, the case of Cadder v HMA, up to the present time.
Original languageEnglish
Pages (from-to)186-209
Number of pages24
JournalEdinburgh Law Review
Volume19
Issue number2
Early online dateApr 2015
DOIs
Publication statusPublished - 2015

Bibliographical note

Professor of Criminal Justice, University of Aberdeen. I am grateful to Ilona Cairns, James Chalmers, Phil Glover, Sir Gerald Gordon, Fiona Leverick, and an anonymous reviewer for comments on earlier drafts of this paper.

Keywords

  • Criminal law
  • Police questioning
  • criminal practice
  • witnesses
  • suspects
  • due process
  • crime control

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