Advocates Fear for Creaking Wheels of Justice; Background

The HeraldJuly 15, 2004

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Summary


WHEN ministers were forced to suspend all 126 temporary sheriffs in 2001, after a ruling that found their use was a breach of the European Convention on Human Rights, it was thought that temporary high court judges might be safe from such decisions.

Temporary sheriffs were said to be in breach of ECHR on the grounds that they were appointed by the lord advocate, who also had the power to dismiss them. Because they were dealing with 25% of criminal cases, their removal threw the legal system into disarray.

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Extract


Advocates Fear for Creaking Wheels of Justice; Background

However, Lord Morison's decision to resign and the emergence of a new claim - again under article 6 of th...

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