Letter: Protect Scots law

Peter Jones's forensic examination of the Arlene Fraser case (Perspective, 7 June) raises interesting legal points regarding the conduct of that case, but it does not address in any way the real issues surrounding the UK Supreme Court.

Following the Treaty of Union, the Scottish legal system survived largely intact, and by and large it has served us well for the past 300 years. The appeal facility for civil cases was brought in illegally in 1711, and has remained in place since then, with at times adverse consequences. However, until now, the conduct of criminal law has remained entirely in Scotland.

There are, no doubt, issues with respect to the conduct of Scots law which require re-examination and possible revision, but the imposition of the Supreme Court - which, arguably is a political creation to embed Scotland more firmly in the union - does not in any way sort out these issues.

Hide Ad
Hide Ad

On the often specious grounds of human rights, the Supreme Court now has the right to examine any High Court conviction in Scotland and interfere at will.

This means that in future no conviction will be entirely secure until it has been appealed in London.

Imagine the potential cost of that to the people of Scotland, the potential financial benefits to the legal profession, and the prestigious rewards to those eminent judges who wish to practise in London.

Meanwhile, Scots law's problems will still not be addressed, and indeed Scots law itself will begin to wither away - unless this process is stopped now.

Ian Grant

Ashburnham Gardens

South Queensferry

Related topics: