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FEATURES
28 Oct 2011

The Supreme Court and Scots criminal law

Yesterday afternon the Scottish Parliament debated the role of the Supreme Court in Scots criminal law. The Justice Minister Kenny MacAskill released the statement below.

"For centuries our High Court of Justiciary has held its rightful position at the apex of Scotland's legal system and I want to ensure that is restored.

"Last month I welcomed the views of the independent Review Group, chaired by Lord McCluskey, and its conclusion that the UK Supreme Court has become too intrusive into Scots criminal law. I accept the Group's recommendations to address this anomaly and uphold the historical independence of the Scottish legal system and I have today published draft provisions for the Scotland Bill to that effect.

"I agree with the Review Group that the current Scotland Bill proposals on this issue are "constitutionally inept and seriously flawed", in fact they further entrench the problem. The Scotland Bill is an opportunity to right a wrong - implementing a certification procedure granted by the High Court for criminal cases and limiting the jurisdiction of the Supreme Court to rule solely on the interpretation of Convention rights.

"Our High Court, like its equivalents in England, Wales and Northern Ireland, is best placed to decide where there is a case of general public importance that requires the granting of a certificate. Indeed, I note that the Lord President himself has now written to the Scotland Bill Committee indicating that Scotland's senior judges support the McCluskey recommendations, particularly on the point of certification and comparability with other UK jurisdictions. This independent endorsement of our position is very welcome.

"I now call upon the UK Government to work with us to deliver a solution through the Scotland Bill that preserves the integrity of Scots criminal law."

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