Addison v HM Advocate

Solemn procedure – Defective representation. High Court of Justiciary: Refusing an appeal by an appellant who was convicted of murder, the court concluded that he should not have been granted leave to appeal on the grounds that he had suffered a miscarriage of justice as a result of defective representation and that he had been deprived of the opportunity to instruct senior counsel of his choice, and it made observations about the duty of an instructing solicitor to advise his client regarding his rights to representation and the choice of his defender, noting that, r B8.4.1(b) of the Law Society of Scotland Practice Rules 2011 was plainly inadequate.

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