Shahid Pervez v. Her Majesty's Advocate [2006] HCJAC 85

This was an appeal against a ruling by the trial judge on a preliminary issue raised by the appellant before him by way of minute relating to to the legality, or otherwise, of the second of two periods of detention by the police undergone by the appellant under section 14 of the 1995 Act on 8 July 2005 and the consequent admissibility or otherwise of the evidence obtained at that interview. It was submitted that the second period of detention was unlawful and the evidence arising therefrom should not therefore be admitted. On behalf of the Crown it was submitted that even if an irregularity had occurred, which he did not accept as the second period of detention was lawful, being related to a separate matter, not struck by the Act, the absence of unfairness as found by Lord MacLean rendered the process lawful to the extent of leaving the evidence admissible. The court here considered whether the effect of section 14 (3) was correct in the present case in that the circumstances giving rise to the separate suspicions were different albeit under the umbrella of allegations of attempting to pervert the course of justice.