Fears for judicial independence under new terror laws

Published on Tuesday 26 February 2008 21:25

SCOTTISH ministers have demanded answers from the Home Secretary about new terror laws which legal experts fear could undermine the independence of the Scottish judiciary.

A clause in the latest counter-terrorism bill would give authorities the right to prosecute terror suspects in any part of the UK, regardless of where the alleged offence had been committed.

Michael Clancy, director of law reform at the Law Society of Scotland, this week warned that the clause could undermine Scottish judicial independence and encroach on the jurisdiction of the Lord Advocate, who decides prosecutions in Scotland.

Elish Angiolini, the Lord Advocate, told the Scottish Cabinet yesterday that her permission would have to be sought by the Home Secretary for the prosecution of any Scottish terror suspects in England.

She said she wanted the Home Secretary to "clarify" the law.

A spokesman for the Scottish Government said it was "unfortunate and regrettable" that Jacqui Smith, the Home Secretary, had not made clear the Lord Advocate's role in this issue when she unveiled the new clause in the anti-terror laws.

The spokesman stressed the transfer of the terror suspects from last year's Glasgow Airport attack to face charges in England was done with the agreement of the Lord Advocate.