The Renunciation by the Crown of the Right to Prosecute and the European Convention on Human Rights

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Abstract

As “master of the instance” the Lord Advocate has traditionally enjoyed absolute control of the decision whether or not to prosecute. But all actions of the Lord Advocate must now be compatible with the rights conferred on citizens by the European Convention on Human Rights. This article looks at the effect of the introduction of Convention rights upon the practice of the Crown issuing declarations that there will be no prosecution of a specific suspect of a specific crime or even of certain specified categories of criminal offence.
Original languageEnglish
Pages (from-to)283-307
JournalEdinburgh Law Review
Volume4
Issue number3
DOIs
Publication statusPublished - 2000

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