ECHR incorporation means Scotland has lost control of its justice system

MSPs are today debating measures to protect the Scottish justice system, in light of yesterday's UK Supreme Court in ruling in the Cadder vs. HMA case.

John Lamont MSP, Shadow Cabinet Secretary for Justice, said:

"The impact of the UK Supreme Court's decision will be far reaching. The cost to the public purse will increase significantly and I know that the police fear our conviction rate will be compromised. It has also significantly shifted the balance of our justice system in favour of the criminal rather than the victim and the law abiding majority in Scottish society. Scottish Criminal Law will never be the same again.

"However, it would be wrong to suggest that this is the decision of some foreign court imposing its will on Scottish law. The SNP did not raise these concerns when the Scotland Act and the Human Rights Act passed through Parliament. We should also not forget that the two leading judgments were delivered by Scots, Lord Hope and Lord Rodger.

"Practice in Scotland until June 2010 had been to allow the police interview suspects for up to 6 hours without the advice of a solicitor. Today's proposals will extend the time limits and we support this move. Given the new rules, there would clearly be difficulties in obtaining the services of a solicitor within 6 hours. It would also be unrealistic to expect an interview to be completed in this time, particularly when there are multiple suspects or in the more remote parts of Scotland.

"Scotland has lost control of its criminal justice system. This is not as a result of the decision of the UK Supreme Court but because of the decision of the other parties to incorporate the European Convention on Human Rights into Scots Law through the Scotland Act. We have heard much anti-UK hysteria from the SNP backbenches but make no mistake, in an independent Scotland, we would still be subject to this Convention - we would still be living with the consequences of the decision to incorporate the Convention into Scots Law."

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