09 FEB 2011

Full scale consequences of Cadder ruling now becoming clear

A Crown review of the controversial ruling of the UK Supreme Court in the Cadder vs. HMA case has shown that so far 867 cases "could not proceed or could not continue as a direct result of Cadder".

Nine High Court cases and 51 Sheriff and Jury cases have not been able to continue, and three summary appeals have been conceded by the Crown

The full scale consequences of the ruling are now becoming clear, spelling trouble for Scotland's embattled justice system.

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

"We are now seeing the devastating effect this ruling is having on the Scottish justice system. Our conviction rate is suffering as self-confessed criminals are being allowed to walk free, and it will continue get worse as closed cases are referred back to the High Court for reconsideration.

"This will come at a high cost not only to the public purse but to the balance of the Scottish Justice system, which is now heavily tipped in favour of the criminal. This change was made inevitable by the incorporation of European Convention of Human Rights into the 1998 Scotland Act.

"If we are to wrestle back control of our system we must launch a review into the whole operation of ECHR. Most urgently however, we need to build up a fuller picture of how many cases are being thrown out in courts across Scotland, because the last thing anyone wants to see are criminals skipping trial altogether and returning to the streets.

"We cannot wait any longer to act, action is needed now."

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