HMA vs. Cadder: Scottish Conservatives ready to limit damage of adverse decision

Tomorrow the UK Supreme Court will issue its decision on HMA vs. Cadder. An adverse decision could have far-reaching consequences for Scotland's criminal justice system.

David McLetchie MSP, Scottish Conservative Chief Whip and Business Manager, said:

"As far back as June 2009 the Scottish Conservatives asked the SNP Government what plans it had to deal with any adverse outcome arising from the Salduz decision and the inadmissibility of evidence given by an accused whilst in police custody, but without a lawyer being present. We were concerned then, as we are today, about the floodgates being opened to many more appeals and convicted criminals walking free from jail.

"The following summer, we again asked Alex Salmond for an assessment of the scale of the potential problem, and what contingency plans were being prepared.

"This issue is now coming to a head. If the Supreme Court tomorrow decides in favour of Cadder and the decision is retrospective, then the Scottish Conservatives stand ready to work with the rest of Parliament to limit the damage.

"As we saw with the slopping-out fiasco, ECHR can often serve the interests of the criminal, rather than the law abiding majority. Its incorporation into the Scotland Act in 1998 was an error of judgment which, 12 years on, needs to be reviewed.

"We must do all we can to protect the safety of our communities and the peace of mind of victims."

Annabel Goldie raised this issue at FMQs on June 18th 2009 and June 17th 2010.

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