Structural independence in investigations: the Kevin Ruddy case
When one individual or public body investigates another, it is essential that they be fully independent of each other so that there is no suspicion of bias. This situation is described by the phrase ‘structural independence’.
An important case establishing this principle is the appeal of Kevin Ruddy against the Chief Constable of the Strathclyde Police and the Lord Advocate (3 September 2013). See the following link.
https://vlex.co.uk/vid/ruddy-v-chief-constable-805914233
Note: Link updated 1st February 2025: In case the link has changed ...
The title of the case is:
EXTRA DIVISION, INNER HOUSE, COURT OF SESSION
[2013] CSIH 73, XA114/08
Lord Eassie, Lord Brodie, Lord Wheatley
OPINION OF THE COURT, delivered by LORD EASSIE 3 September 2013
In the appeal by KEVIN RUDDY Pursuer and appellant;
against (FIRST) THE CHIEF CONSTABLE, STRATHCLYDE POLICE; and (SECOND) THE LORD ADVOCATE