HM Advocate v Millar

Criminal procedure – Admissibility of evidence – Identification procedures at stage of committal for further examination. High Court of Justiciary: Allowing a Crown appeal, in the case of a respondent who was indicted on charges of, inter alia, possessing indecent photographs of children, against a sheriff's decision upholding the respondent's objection to evidence deriving from photographs of his hands taken by police officers whilst he was in prison during a period of committal for further examination, the court held that during the period between the committal of a suspect for further examination and his full committal for trial the Crown were entitled to continue with their enquiries and if that involved, for example, fingerprinting or other non-invasive procedures, then those could be carried out without the need for a special warrant.

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