Showing posts with label Solicitor General. Show all posts
Showing posts with label Solicitor General. Show all posts

Friday, September 16, 2016

Alison Di Rollo appointed Queen’s Counsel, three months after appointment as Solicitor General for Scotland

Solicitor General made a QC. THE new Solicitor General for Scotland – Alison Di Rollo has been appointed as Queen’s Counsel, fast tracked into a QC position three months after her appointment by First Minister Nicola Sturgeon to the number two legal post of Solicitor General at the Crown Office & Procurator Fiscal Service (COPFS).

Di Rollo fills the empty shoes of former Solicitor General Lesley Thomson - who was widely tipped to become Lord Advocate after the resignation of Frank Mulholland in May.

Thomson subsequently resigned her post, while Mulholland was moved up a peg by Lord Justice General Lord Carloway to the judicial bench – despite an on-going Crown Office “dirty money probe” into Mulholland’s brother - reported in the Sunday Mail newspaper.

The Scottish Government press centre states Alison Di Rollo was nominated by James Wolffe QC, the new Lord Advocate and former Dean of the Faculty of Advocates.

Alison Di Rollo was appointed Solicitor General for Scotland on 2 June 2016.

She joined COPFS in 1985, following a legal traineeship with the now defunct law firm of McGrigor Donald based in Glasgow.

Di Rollo worked in various PF Offices and Crown Office, before being appointed Deputy Head of the High Court Unit in Crown Office, and later Head of Operational Policy.

In May 2008 Alison was seconded from COPFS to take up an appointment as a Trial Advocate Depute and in February 2010 joined the COPFS National Sexual Crimes Unit.

Between January 2013 and January 2015 she was the Head of the National Sexual Crimes Unit and from January 2015 until taking appointment as Solicitor General Alison was a Senior Advocate Depute.

Friday, June 03, 2016

First Minister appoints James Wolffe as new Lord Advocate, Alison Di Rollo handed post of Solicitor General for Scotland

Faculty of Advocates boss Wolffe takes back post of Lord Advocate. FIRST Minister Nicola Sturgeon appointed James Wolffe QC and Alison Di Rollo as Scotland’s new law officers in charge of the Crown Office & Procurator Fiscal Service (COPFS).

James Wolffe QC, Dean of the Faculty of Advocates was appointed to the position of Lord Advocate, replacing Frank Mulholland QC who stepped down following the Scottish parliamentary election.

There is currently an on-going Crown Office “dirty money probe” into Mulholland’s brother - reported in the Sunday Mail newspaper.

Senior Advocate Depute Alison Di Rollo was appointed as Solicitor General, succeeding Lesley Thomson in a surprise move after legal insiders tipped Thomson to become Lord Advocate.

The Scottish Government’s Press Centre stated Ms Thomson, who was appointed to the post in 2011, “has informed the First Minister that she wishes to pursue new challenges” (lol – Ed).

The appointments were made by the Queen on the recommendation of the First Minister, with the agreement of the Scottish Parliament.

The appointments complete the First Minister’s newly-appointed ministerial team.

Speaking prior to Holyrood approval of the two new law officers, First Minister Sturgeon said: “I am extremely pleased to recommend the appointments of James Wolffe and Alison Di Rollo as Scotland’s senior law officers.

“James has an outstanding legal background and extensive experience at all levels, including the House of Lords, the Judicial Committee of the Privy Council, the Supreme Court of the United Kingdom, the European Court of Human Rights and the Court of Justice of the European Union.

“Alison led the work of the ground-breaking National Sexual Crimes Unit (NSCU) for three years, having previously held the role of deputy. Her outstanding leadership in this most sensitive of areas has inspired confidence in all connected to it.”

James Wolffe said: “I thank the First Minister for nominating me to the office of Lord Advocate. If I am appointed, it will be a great privilege to serve Scotland in that role.”

Alison Di Rollo said: “I am both delighted and honoured to be nominated for this role by the First Minister and I am looking forward to working with James in his new role.”

The First Minister thanked both Frank Mulholland QC and Lesley Thomson QC for their service in the roles.

She said: “In his time as Lord Advocate, Frank has made a substantial contribution to both the law and to Scottish society. The creation of the National Sexual Crimes Unit was just one example of the increased specialisation of the Crown Office that Frank Mulholland presided over. In her role as Solicitor General, Lesley’s work, particularly around domestic abuse, was pivotal in moving towards a system that instils confidence in victims of abuse and ensures that their abusers are held to account. I thank both Frank and Lesley for their dedicated service to the Government, to justice and to Scotland as a whole.”

Biographies

James Wolffe QC is a leading Senior Counsel. He became an advocate in 1992 and took silk in 2007. In 2014 he was elected Dean of the Faculty of Advocates. He was First Standing Junior Counsel to the Scottish Ministers from 2002 to 2007, and served as an Advocate Depute from 2007 to 2010. He has extensive experience of both commercial and public law. He is a member of the Faculty Dispute Resolution Service and was also called to the bar of England & Wales in 2013.

Alison Di Rollo is a Senior Advocate Depute. She joined the Crown Office and Procurator Fiscal Service in 1985 as a fiscal after a legal traineeship at now defunct Glasgow law firm McGrigor Donald .

Ms di Rollo then worked in the Policy Group at the Crown Office prior to being appointed Deputy Head of the High Court Unit and later Head of Operational Policy. In May 2008, Ms Di Rollo was seconded from COPFS to take up an appointment as a trial advocate depute. She was appointed as deputy head of the National Sexual Crimes Unit in 2011 and became head of the unit in January 2013.
Notes to editors

The Lord Advocate is a Minister of the Scottish Government and acts as principal legal adviser, but decisions by him about criminal prosecutions and the investigation of deaths are taken independently of any other person. In that way, he is not subject to the ordinary rules about collective ministerial decisions.

The Solicitor General is the Lord Advocate’s number two. She assists the Lord Advocate to carry out his functions. She is also a Minister of the Scottish Government.

Wednesday, March 11, 2015

LAW CHIEF’S SON IN VIOLENCE RAP: Scotland’s Solicitor General’s son is convicted of domestic violence attack on female partner

Top prosecutor’s son convicted of domestic violence. THE SON of Scotland’s Solicitor General has been convicted of attacking his girlfriend, while his mother is supposed to be in charge of efforts to tackle domestic abuse.

Andrew Thomson (27) who was previously convicted of drink driving and banned from driving for 18 months – admitted assaulting his partner at a property in Glasgow in January.

His mother –  Lesley Thomson QC - once thought to be in the running to replace Frank Mulholland as Lord Advocate – backed the now failed MacAskill proposal to abolish CORROBORATION – a long held safeguard against miscarriage of justice in Scots law where evidence in a criminal trial is required from two separate sources for a conviction

Thomson and others including the Lord Advocate Frank Mulholland, Police Scotland and interest parties campaigned vigorously for the removal of corroboration.

Speaking at a Crown Office and Procurator Fiscal Services annual Sexual Offences Conference at Hampden in Glasgow Thomson said: "Many of those opposed to the abolition of the requirement of corroboration advance arguments that it will lead to a greater risk of and greater numbers of miscarriages of justice. However, it is clear that it is the present system which creates many victims of miscarriages of justice."

However it came to be known the Crown Office were enthusiastic about the removal of the right from law – because it interfered with dodgy evidence presented by prosecutors in court which did not stand up to scrutiny or cross examination. Prosecutors effectively promoted the removal of corroboration in an effort to assist the Crown Office in obtaining higher rates of convictions.

The proposal to remove the right of corroboration was effectively shelved after Scotland’s top judge warned the Scottish Parliament’s Justice Committee against meddling with legal safeguards which cut across almost any criminal offence in law – ensuring the right to a fair trial.

Report from Scottish Mail on Sunday:

TOP LAW OFFICER’S SON, 27, GUILTY OF ATTACKING GIRLFRIEND

By Fiona McWhirter Mail on Sunday 8 March 2015

THE son of Scotland's Solicitor General has been convicted of attacking his girlfriend - as his mother leads nationwide efforts to tackle domestic abuse.

Andrew Thomson, 27, admitted assaulting his partner at a property in Glasgow in January.

His mother, Lesley Thomson, QC, has attracted widespread acclaim for her efforts to toughen up the law concerning assaults in the home.

As the nation's second most senior prosecutor, she has been pushing for a criminal offence to combat domestic violence against women, calling on Scotland to develop a 'modern approach' to deal with the 'emotional damage caused, as well as the physical harm' to victims.

Her move has received support from First Minister Nicola Sturgeon, police, prosecutors and politicians across the board.

Ms Thomson's son, whose address was given in court papers as being in the West End of Glasgow, had been due to be sentenced at the city's sheriff court on February 27, after admitting pushing his partner and causing her to fall over a table.

Sentence was deferred until August for good behaviour and the sheriff called for a supplementary social work report.

Domestic abuse is at present dealt with through a range of criminal offences, including assault, breach of the peace and crimes against property. But following Ms Thomson's efforts to force it onto the political agenda, greater priority is now given by Police Scotland to domestic abuse.

Domestic abuse and rape task forces operate throughout Scotland. In 2013-14, police referred 36,552 domestic assaults to the Crown Office andProcurator Fiscal Service (COPFS), a significant rise on the number of cases - around 27,000 - recorded in each of the two previous years.

In 2013, COPFS - which defines domestic abuse as 'any form of physical, sexual or mental and emotional abuse which might amount to criminal conductand which takes place within the context of a relationship' - boosted its efforts to tackle the issue with the introduction of a specialist national procurator fiscal for domestic abuse, Anne Marie Hicks.

Ms Thomson revealed she had asked the fiscal to review all areas of COPFS work and training in relation to the issue and stressed: "Cases involvingdomestic abuse are often among the most challenging faced by prosecutors, but that does not deter us from putting the interests of the victims in such cases at the heart of our prosecution policy."

She also raised the prospect of a specific offence when she spoke at a COPFS conference focusing on the subject.

Referring to separate stalking laws passed in 2010, the Solicitor General told delegates last year: "Domestic abuse is, in my view, another area in which specialist legislation has a role to play.

"It has the potential to effect further change in societal attitudes, to instill confidence in victims and, of course, to ensure their abusers are held to account."

She added: "Creating a specific offence of domestic abuse is one way in which we could ensure that our criminal law is, and remains, fit for purpose."

"It would help victims by acknowledging the true impact and consequences of all types of abusive behaviours, including non-violent tactics of control andabuse, and would solidify Scotland's position as a leader in the field of tackling violence against women."

In November, when Miss Sturgeon became First Minister, she unveiled 12 Bills as part of her debut legislative programme, including ramping up action against domestic abuse.

She said the Scottish Government would consult on the introduction of a specific criminal offence to combat the problem.

Last night, a Crown Office spokesman said: "The Solicitor General's position on domestic abuse is well known and has been widely welcomed."

"She is a leading advocate of measures to deal with domestic violence more effectively."

"She has led the approach within Scotland's prosecution service, working closely with the police and those who support victims of domestic abuse to strengthen prosecution in this area."

In 2013, Andrew Thomson was banned from driving for 18 months and fined £1,100 after he drove into a marquee while more than twice the drink-driving limit.

At Oban Sheriff Court, he admitted driving dangerously, without insurance and mounting a grass verge and going into the side of a marquee near Port Ellen on the island of Islay.

'Ensure abusers are held to account''Such cases are often the most challenging'

Friday, September 06, 2013

Son of Scotland’s Solicitor General pleads guilty to drink driving & no insurance, receives 6 penalty points, banned for 18 months

Lesley-Thomson-1956011Son of Solicitor General Lesley Thomson convicted, banned on drink driving. ANDREW THOMSON (26), the son of Lesley Thomson, Scotland’s Solicitor General, has been convicted  of criminal offences after pleading guilty to driving while under the influence of more than twice the legal limit of alcohol, when he smashed into the tent at a roadside on Islay. Mr Thomson also had no insurance.

Thomson, whose mother is Lesley Thomson, Lord Advocate Frank Mulholland’s deputy, admitted driving a car dangerously, without insurance and mounting a grass verge into the side of a marquee. He also pleaded guilty to driving with 83 microgrammes of alcohol in his breath - the limit is 35mcg - near Port Ellen on June 7. Thomson, of Glasgow, was on Islay to take part in the Eat Sand rugby tournament with Melrose Rugby Club, but was arrested the night before it began.

The 26-year-old son of Solicitor General Lesley Thomson was fined £1100 and given an 18-month driving ban at Oban Sheriff Court and Sheriff Douglas Small told him: “You were clearly a danger to yourself and others around you.”

Daily Record:

LAW CHIEF’S BOOZE RAP SON IS BANNED

Daily Record Date 25/07/2013

THE son of one of Scotland’s top law officials has been banned from the roads after driving into a marquee at an island rugby bash.

Andrew Thomson was more than twice the legal limit and had no insurance when he smashed into the tent at a roadside on Islay.

The 26-year-old son of Solicitor General Lesley Thomson was fined £1100 and given an 18-month driving ban at Oban Sheriff Court yesterday. The part-time barman, of Govan, Glasgow, had travelled to Islay to take part in a tournament with Melrose Rugby Club in June but was arrested the night before it began.

Thomson admitted the driving offences and Sheriff Douglas Small told him: “You were clearly a danger to yourself and others around you.”

His mother was appointed Solicitor General, the country’s second highest prosecutor’s office, in 2011.

Daily Mail:

Son of Solicitor General banned for drink-driving

Daily Mail Date 25/07/2013

THE son of Scotland’s Solicitor General drove into a marquee while more than double the drink-driving limit.

Andrew Thomson was yesterday banned from driving for 18 months and fined after the incident on the Inner Hebridean island of Islay.

Thomson, whose mother is Lesley Thomson, Lord Advocate Frank Mulholland’s deputy, admitted driving a car dangerously, without insurance and mounting a grass verge into the side of a marquee.

He also pleaded guilty to driving with 83 microgrammes of alcohol in his breath - the limit is 35mcg - near Port Ellen on June 7. Thomson, of Glasgow, was on Islay to take part in the Eat Sand rugby tournament with Melrose Rugby Club, but was arrested the night before it began.

Procurator fiscal John Service told Oban Sheriff Court that Thomson, 26, was spotted driving north from Port Ellen on the A846 in a car which was not his. After going a short distance he turned and headed back to the town.

Mr Service said: ‘He started to lose control of the car, as a result of which it mounted the kerb then the grass verge. The car went towards a marquee which had been erected at the side of the road and the accused drove the car through the side edge of it, collided with a barrel and some tables which were at the side of the marquee.’ The front and rear offside tyres were damaged but Thomson drove the car to the White Hart Hotel in Port Ellen where he abandoned it.

Police arrested him at the hotel. He later told them: ‘I was only in charge of the car for 20 seconds. This was stupidity.’ Defence agent Brian Fitzpatrick said Thomson’s decision to drive was ‘impulsive and spontaneous’ and the car was owned by someone involved with the marquee.

Mr Fitzpatrick added: ‘He has compensated the person whose car it was. The driving was very brief and he has already had some consequence from this piece of stupidity.’ Sheriff Douglas Small said: ‘I can’t ignore the fact that you were over two times the limit. You were clearly a danger to yourself and others around you.’ Thomson, who works part-time in a bar, was fined £1,100.

Before her appointment as Solicitor General for Scotland, Mrs Thomson was the Area Procurator Fiscal for Glasgow and Strathkelvin.

She has 25 years’ experience as a prosecutor, having been a district and an area procurator fiscal in Selkirk, Edinburgh and the Lothians.

Asked about the case last night, a Crown Office spokesman said: ‘Andrew Thomson pled guilty to contraventions of sections 2, 5 and 143 of the Road Traffic Act 1988 today at Oban Sheriff Court.

‘The sheriff imposed a £1,100 fine, an 18-month driving ban with the requirement to re-sit his driving test, and his licence was endorsed with six penalty points.’

The earlier report of the arrest:

Sunday Mail:

Son of Scotland's Solicitor General arrested following car crash at an island rugby tournament

16 Jun 2013 08:36

ANDREW Thomson, 26, whose mother is the Solicitor General Lesley Thomson, faces motoring charges after a car drove into a marquee on Islay.

THE son of Scotland's Solicitor General Lesley Thomson has been arrested following a car crash at a beach rugby tournament.

No one was hurt when the car careered into a marquee on the Hebridean island of Islay.

Andrew Thomson, 26, a former Glasgow University student, was held in police cells overnight but left the island the following day. He is thought to have taken the car before driving off and faces a number of motoring charges.

Thomson, a keen amateur player, had been due to take part in Islay's Eat Sand rugby contest last week but was arrested before taking part.

He had travelled to the event with Melrose Rugby Club where his mother -now No2 at the Crown Office -was a committee member.

John Reed, club president, said last night: I am aware there was an incident and that people from Melrose weren't happy about it."

A Police Scotland spokesman said: "We can confirm a 26-year-old man was arrested in connection with alleged road traffic offences. A report has been submitted to the procurator fiscal.・

Monday, July 08, 2013

Son of Solicitor General Lesley Thomson arrested after car crash at Islay rugby tournament

Lesley-Thomson-1956011Arresting development : Solicitor General Lesley Thomson. ANDREW THOMSON (26), the son of Lesley Thomson, Scotland’s Solicitor General, has been arrested in connection with an incident in which a car crashed into a marquee at a rugby tournament on the Hebridean island of Islay. The amateur player who travelled to the event with Melrose Rugby Club from the Scottish Borders, where his mother was a committee member, had been due to take part in Islay's Eat Sand rugby contest last week but was arrested before taking part.

Sunday Mail reports :

Son of Scotland's Solicitor General arrested following car crash at an island rugby tournament

16 Jun 2013 08:36

ANDREW Thomson, 26, whose mother is the Solicitor General Lesley Thomson, faces motoring charges after a car drove into a marquee on Islay.

THE son of Scotland's Solicitor General Lesley Thomson has been arrested following a car crash at a beach rugby tournament.

No one was hurt when the car careered into a marquee on the Hebridean island of Islay.

Andrew Thomson, 26, a former Glasgow University student, was held in police cells overnight but left the island the following day. He is thought to have taken the car before driving off and faces a number of motoring charges.

Thomson, a keen amateur player, had been due to take part in Islay's Eat Sand rugby contest last week but was arrested before taking part.

He had travelled to the event with Melrose Rugby Club where his mother -now No2 at the Crown Office -was a committee member.

John Reed, club president, said last night: I am aware there was an incident and that people from Melrose weren't happy about it."

A Police Scotland spokesman said: "We can confirm a 26-year-old man was arrested in connection with alleged road traffic offences. A report has been submitted to the procurator fiscal.・

Wednesday, June 20, 2012

Miscarriage of Justice ‘more frequent’ in Scotland if Crown Office succeed in removal of Scots Law requirement of Corroboration

PROSECUTORS at Scotland’s Crown Office & Procurator Fiscal Service (COPFS) have begun their campaign to lobby Scottish Ministers & the Scottish Parliament to remove one of the checks & balances against miscarriages of justice in Scots law, that of Corroboration, which currently guarantees that the presentation of important evidence presented in a criminal prosecution is required to be supported by two independent sources.

However, critics point to the fact that Scotland’s prosecutors are generally regarded as very poor in court, with the prosecution service as a whole regarded by legal insiders as more disposed to gaining a conviction at any cost (including the use of ‘dodgy’ evidence) rather than serving the interests of justice.

Coincidentally, the reasons talked about by the Solicitor General, Lesley Thomson who is backing the removal of Corroboration in a media release issued by the Crown Office earlier this week relate mostly to domestic abuse & rape, two of the areas the Crown Office consistently fail when cases come to court.

One legal observer commenting on the Crown Office campaign said : “This lobbying campaign by the Crown Office to remove the requirement of corroboration amounts to something like, ‘our prosecution teams are rubbish so we will have to change the law to secure more convictions’. It’s almost the same line as in the double jeopardy change.”

Writing in the Scotsman late last year, Maggie Scott QC, spoke of the dangers of removing corroboration from the Scots legal system, in an article which can be read here :  Maggie Scott: Corroboration – a second opinion and in testimony to the Scottish Parliament’s Justice Committee, featured on BBC Democracy Live here : Holyrood Justice Committee hears abolition of Corroboration may lead to increased miscarriages of justice

Maggie Scott QC told the Justice Committee she was "really confident" the aboliton of corroboration would lead to miscarriages of justice if other safeguards were not put in place.

Ms Scott said "corroboration is a rule which works and assists in terms of the fact finding process" and "if there is nothing else in place, I'm really confident, I'm afraid, there are going to be miscarriages of justice, because we don't have any other kind of quality control over the evidence."

Ms Scott continued that "removing corroboration, in my view, is not going to assist in respect of conviction rates."

However, Ms Scott said there was a problem with conviction rates, in particular in relation to rape cases in Scotland, and suggested a more "imaginative" approach with possible research of juries to find out why they were not convicting.

Crown Office Press Release on campaign to remove corroboration :

ENDING CORROBORATION COULD PROTECT VICTIMS OF DOMESTIC ABUSE, SAYS SOLICITOR GENERAL

Removing the requirement for corroboration in Scots law could help to protect the rights of victims of domestic abuse, the Solicitor General said today.

Speaking at the Domestic Abuse in Scotland conference, Lesley Thomson QC said prosecutors have a robust prosecution policy – but corroboration often proves a real obstacle in bringing domestic abuse cases to court. Corroboration is one of the areas of Scots law highlighted for potential reform by Lord Carloway’s recent review of criminal law and practice.

The Solicitor General said: “A woman may have been assaulted approximately 30 times before she contacts the police – we recognise that there are huge barriers to women seeking assistance in such cases. We know that the pattern of violence used in this insidious type of abuse is controlled and controlling and the abuser will often wait until he is alone with his victim, or perhaps when the only witnesses are her young children. It cannot be acceptable in a modern legal system that in order to bring criminal proceedings in cases which typically occur in private we are left in the hands of fortune as to whether or not there happens to be corroboration. It is of course right that those accused of committing crimes are entitled to a fair and just trial. But victims and witnesses have rights too – rights which are just as important.”

Solicitor General continued : “It is necessary that such rights are protected by an effective system for the prevention, investigation and prosecution of crime. In such a system, prosecutions with evidence of a perfectly good quality to convince a sheriff or jury of an accused’s guilt should not founder on the basis of an antiquated technical requirement, heralding from centuries before a woman could vote, own property or give evidence in criminal proceedings.”

Sunday, June 22, 2008

Privy Council to hear murder conviction appeal over lack of disclosure on witness statements

The Privy Council, the UK's highest appeal court is to hear a bid to overturn a murder conviction, where crucial witness statements were apparently not disclosed to the defence at the time of trial.

The Sunday Herald reports :

Attempt to overturn murder conviction as legal team casts doubt on evidence

Rare legal move as UK’s highest appeal court prepares to hear case

By John Bynorth, Home Affairs Editor

A MAN will take his bid to overturn his murder conviction to the UK's highest appeal court after the High Court blocked his appeal bid.

Brendan Dixon's legal team has argued that crucial witness statements, which they claim could have cleared him, were not disclosed to the defence at his trial.

Now Dixon has been granted leave to appeal directly to the judicial committee of the Privy Council after statements were uncovered which his legal team suggests cast serious doubts about whether his conviction for the murder of Margaret Irvine, 91, in 2003, is safe.

It is a rare legal move, with only a handful of cases every year winning an appeal directly to the council's judicial committee which sits as the final court of appeal on devolved issues.

If Dixon, 38, is successful, legal experts believe it could spark a number of similar appeals to the council on the controversial issue of non-disclosure of evidence.

One legal source told the Sunday Herald: "If the decision of the appeal court is overturned, and quite comprehensively, the Lord Advocate will presumably have to re-investigate a large number of cases where there has been non-disclosure.

"It's difficult to overstate how important this case is in trying to get at the issue of historical non-disclosure of evidence. It has been a shameful stain on the justice system. It's pretty obvious that full disclosure has not taken place with Dixon."

Dixon, 38, and his co-accused Patrick Docherty, 42, were found guilty at the High Court in Kilmarnock in May 2005 of Irvine's murder in Galston, Ayrshire, despite no forensic evidence linking them to the crime.

Their trial ended shortly before the practice of disclosure was tightened following the Privy Council's decision to quash the convictions of James Holland, who was convicted of assault and robbery, and Alvin Sinclair. In the case, the Crown's refusal to disclose documents at their trial was found to have breached their right to a fair trial under the European Convention on Human Rights.

Docherty's appeal team has uncovered evidence which it claims was not presented to the defence, including a restaurant worker who wasn't called to give evidence, and non-disclosure is one of the grounds for his appeal. The witness also provided precognition testimony that she had seen two men outside the dead woman's house on the day her body was found. One of the men, who was picked out from a photo identification, gave evidence for the prosecution.

Dixon and Docherty's is one of a number of cases before the appeal courts which preceded the Holland and Sinclair case. Any decision in a Scottish case by the Privy Council's judicial committee, which sits in a courtroom in Downing Street, is binding on Scottish courts.

The development came after Lord Coulsfield, in a report commissioned by the previous administration, last year called on the government to introduce legislation to ensure that prosecutors are legally bound to hand over full information to defence lawyers before a trial. The government is consulting on the practice, which is already in force in England and Wales.

The legal source added: "It's a high risk strategy to go to the Privy Council as if it says no to the appeal on the grounds of disclosure that's it. It's ironic that given the nature of the legislation a court sitting outside Scotland has jurisdiction in criminal matters north of the border."

Dixon's lawyer Graham Cunningham said: "Had this evidence been available there might have been a different verdict and this decision is a big step forward. This information is beneficial to my client's appeal. The best scenario is the Privy Council saying this evidence was so vital there was a miscarriage of justice."

Dixon's brother-in-law Kevin Donald, 36, who has led a three-year campaign to clear the father-of-two, said: "Brendan is buoyed by this news. There were no DNA or fingerprints linking Brendan to Margaret Irvine's murder - and no sightings of him. If we get the documents, it will help prove his innocence and show that a murderer is still walking around. This is the furthest we have ever got with this case and raises wider issues about how the Crown held back documents which could have cleared people."

Lord Advocate Elish Angiolini, or the Solicitor General Frank Mulholland, is expected to argue on behalf of the Crown at the two-day hearing, which is set down for next month, that Dixon's defence did have access to the documents and could, therefore, have used it as part of his defence.

The Crown Office declined to comment on the case.