Anger over 'kneejerk' law in EU human rights case

ONE of Scotland's most senior lawyers has accused the Scottish Government of "knee-jerk legislation" for rushing through a new justice bill after a landmark human rights ruling by the UK Supreme Court.

Richard Keen, QC, dean of the Faculty of Advocates, said that ministers did not carry out enough consultation on the new bill, which was brought in only days after the judgement which ruled Scotland was out of step with the European Charter of Human Rights.

The Scottish Government said it had to rush through emergency legislation because of case. In it Glasgow man Peter Cadder succeeded in his appeal because he had not had a lawyer present when first questioned by police.

Now others are expected to appeal following the ruling. Luke Mitchell, who was convicted of the murder of his teenage girlfriend, Jodi Jones, is thought to be among those lining up to use the judgement in their appeals. The bill extends the length of time someone can be detained from six hours to 12, with the possibility of a further 12-hour extension, giving police more time to question someone after a solicitor has been located.

The Faculty of Advocates was surprised by the speed by which the new legislation was introduced. Keen added: "I think they should have put this out to consultation before now in anticipation of a ruling along these lines. Knee jerk legislation is never a good thing."

More: The Cadder decision

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• Peter Cadder: Minor case's major implications

A Scottish Government spokesman said: "The Scottish Government worked for many months on contingency plans to respond to the possibility of an adverse decision in the Cadder case.

"We worked closely with partners in the Crown Office, Acpos, Scottish Court Service and Scottish Legal Aid Board to mitigate the impact of this decision. We also engaged with the Law Society of Scotland."

Police have moved to calm fears that many suspects will be held for longer periods without charge, stressing that 24 hours will only be required in a minority of cases.

Det Chief Supt Malcolm Graham, head of CID at Lothian and Borders, said: "Over 12 hours would be the most serious offences, complex cases with multiple suspects detained simultaneously, and where there might be issues around additional vulnerability to the suspect that would take time to properly assess."