New Publication: Dr Giannoulopoulos’ article on custodial legal assistance reforms in Scotland and France published in the Crim LR

Dr Dimitrios Giannoulopoulos’ comparative study of custodial legal assistance reforms in Scotland and France appears in the current issue of the Criminal Law Review:

“North of the Border and Across the Channel”: Custodial Legal Assistance Reforms in Scotland and France [2013] Crim LR 369-384

The article contrasts the Scottish reform of custodial legal assistance introduced subsequent to the Supreme Court’s decision in Cadder (i.e. the right to have a private consultation with a solicitor before any questioning by the police begins and at any other time during such questioning, whereas prior to the reform, police in Scotland could detain and question suspects for a period of up to six hours with no access to legal advice) with similar developments in France. It offers a comparative viewpoint for the analysis of criticism directed at Cadder and opens up vistas of possibility for the consideration of further reform. The article also invites reflection on the significance of the developments in Scotland and France for custodial legal assistance in England and Wales.

The article has caught the attention of Scottish criminal law experts; it is published with a brief rejoinder by Professor Pamela R. Ferguson and Mr Robin M. White. The rejoinder stresses the usefulness of Dr Giannoulopoulos’ comparative examination and offers further analysis of the Scottish reform in view of the developments in France described in the article.