Jury Still Out On Legal Reforms

The HeraldNovember 18, 2011

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Summary


Bringing wrongdoers to book, while respecting the rights of suspects and avoiding miscarriages of justice: it is a difficult line to tread. For the past year Lord Carloway, a High Court Judge, has been reviewing the Scottish criminal justice system with the brief of deciding whether it is fit for purpose for the 21st century. His wide-ranging report, published yesterday, recommends how the system can be "re-cast" for modern society.

The review was necessitated by the UK Supreme Court ruling in the case of Peter Cadder that ended the right of the police in Scotland to question a suspect for up to six hours without a solicitor being present. This practice was deemed incompatible with the European Convention on Human Rights (ECHR) and resulted in the passage of emergency legislation through the Scottish Parliament last year.

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Extract


Jury Still Out On Legal Reforms

The Cadder judgment was widely perceived as tilting the system in favour of the suspect and raised questions about whether corroboration, which...

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