Cadder Appeal Rejected

On 15 April 2011, Mitchell’s bid to challenge his conviction for murder following a human rights ruling by the Supreme Court in the Cadder case was rejected. His lawyer told the Appeal Court in Edinburgh that his trial was unfair because he had no access to a lawyer during an interview. Lord Osborne sitting with Lord Hamilton (Lord Justice General) and Lord Kingarth told Mitchell that the application for leave to lodge the additional ground was refused. The appellant’s appeal against sentence was finally disposed of on 2 February 2011 and in such circumstances there did not exist a live appeal in respect of which leave could be granted under section 110(4).[36]

In November 2011, Mitchell was refused leave to take his appeal to the Supreme Court of the United Kingdom, on the basis that his previous appeal had been dealt with before the Cadder ruling and could therefore not be re-opened.[