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| Version 1 | Version 2 |
|---|---|
| Scots legal group to review Supreme Court rulings | Scots legal group to review Supreme Court rulings |
| (about 9 hours later) | |
| A group of legal experts is to be appointed by the Scottish Cabinet to look at the implications of UK Supreme Court rulings on criminal cases. | A group of legal experts is to be appointed by the Scottish Cabinet to look at the implications of UK Supreme Court rulings on criminal cases. |
| Membership of the group has not been confirmed, but they will bring forward "concrete" proposals for debate. | Membership of the group has not been confirmed, but they will bring forward "concrete" proposals for debate. |
| The move comes after a Supreme Court ruling last week that Nat Fraser's conviction for murdering his estranged wife Arlene was unsafe. | The move comes after a Supreme Court ruling last week that Nat Fraser's conviction for murdering his estranged wife Arlene was unsafe. |
| Ministers said an independent Scottish legal system must be defended. | Ministers said an independent Scottish legal system must be defended. |
| First Minister Alex Salmond, Justice Secretary Kenny MacAskill and former Lord Advocate Elish Angiolini have all voiced concerns about the role of the court in Scottish affairs. | First Minister Alex Salmond, Justice Secretary Kenny MacAskill and former Lord Advocate Elish Angiolini have all voiced concerns about the role of the court in Scottish affairs. |
| The court has also sparked controversy for a ruling, known as the Cadder judgment, on the rights of suspects to legal representation in Scotland. | The court has also sparked controversy for a ruling, known as the Cadder judgment, on the rights of suspects to legal representation in Scotland. |
| A spokesman for Mr Salmond said: "Cabinet agreed to set up an expert group with a view to bringing forward concrete proposals in the coming weeks for parliamentary debate." | A spokesman for Mr Salmond said: "Cabinet agreed to set up an expert group with a view to bringing forward concrete proposals in the coming weeks for parliamentary debate." |
| Constitutional fight | Constitutional fight |
| Mr Salmond said Scotland should be like other European countries and deal directly with Strasbourg. | |
| Speaking on BBC Newsnight Scotland, Mr Salmond said: "The big difference between the Strasbourg Court and what the Supreme Court is doing, is Strasbourg can't strike down convictions. | |
| "The Strasbourg Court doesn't open cell doors and allow people to walk free. | |
| "And it certainly doesn't do it without a proper examination of the degree of protections, checks and balances within the Scottish judicial system." | |
| Newly-appointed Lord Advocate Frank Mulholland attended the meeting of Cabinet to discuss the issue. | Newly-appointed Lord Advocate Frank Mulholland attended the meeting of Cabinet to discuss the issue. |
| But Tory justice spokesman John Lamont warned against using cases such as Fraser to pick constitutional fights. | But Tory justice spokesman John Lamont warned against using cases such as Fraser to pick constitutional fights. |
| He said: "This rare appeal is based on the incorporation of the European Convention of Human Rights into Scots Law, a convention of which Alex Salmond and the SNP are enthusiastic supporters. | He said: "This rare appeal is based on the incorporation of the European Convention of Human Rights into Scots Law, a convention of which Alex Salmond and the SNP are enthusiastic supporters. |
| "Alex Salmond needs to explain why he would rather such appeals were sent to a European court in Strasbourg instead of being heard here in the UK. | "Alex Salmond needs to explain why he would rather such appeals were sent to a European court in Strasbourg instead of being heard here in the UK. |
| "How pathetic of the first minister to try to turn every issue into a constitutional crisis and how typical of Alex Salmond to ignore the fact that the case was heard by two Scottish judges." | "How pathetic of the first minister to try to turn every issue into a constitutional crisis and how typical of Alex Salmond to ignore the fact that the case was heard by two Scottish judges." |
| Scottish Liberal Democrat Leader Willie Rennie said Mr Salmond should stop "fretting" about the location of the court. | Scottish Liberal Democrat Leader Willie Rennie said Mr Salmond should stop "fretting" about the location of the court. |
| He added: "Alex Salmond should invest more time and effort in addressing the reasons for these successful, if rare, appeals. | He added: "Alex Salmond should invest more time and effort in addressing the reasons for these successful, if rare, appeals. |
| "The voters didn't give him a mandate to pick a fight with London at every opportunity. The UK Supreme Court is a relatively swift process with a good representation of senior Scottish judges - that's not something to dismiss lightly." | "The voters didn't give him a mandate to pick a fight with London at every opportunity. The UK Supreme Court is a relatively swift process with a good representation of senior Scottish judges - that's not something to dismiss lightly." |
| For Scottish criminal cases, the court can be used only when the case relates to "devolution matters", a term covering the legislative competence of the Scottish Parliament in dealing with human rights issues. | For Scottish criminal cases, the court can be used only when the case relates to "devolution matters", a term covering the legislative competence of the Scottish Parliament in dealing with human rights issues. |
| A group has already considered the role of the court in Scottish matters. | A group has already considered the role of the court in Scottish matters. |
| The body included Paul McBride QC and another former Lord Advocate, Colin Boyd. | The body included Paul McBride QC and another former Lord Advocate, Colin Boyd. |
| It concluded that the Supreme Court should be maintained to "ensure that fundamental rights" are secured for everyone in the UK. | It concluded that the Supreme Court should be maintained to "ensure that fundamental rights" are secured for everyone in the UK. |
| The group said the existing "devolution minute" process should no longer apply and that jurisdiction should be clearly limited to ensuring compliance with the international obligations of the UK. | The group said the existing "devolution minute" process should no longer apply and that jurisdiction should be clearly limited to ensuring compliance with the international obligations of the UK. |