Supreme Court under fire from Kenny MacAskill

The justice secretary criticised the role of the Supreme Court in a statement to parliament on the on-going effects of the Cadder ruling.

The Supreme Court, the highest in the UK, ruled that Peter Cadder, from Glasgow, should have been offered legal advice before being interviewed about assaults and a breach of the peace.

The decision changed Scots Law, and led to the Crown Office dropping 867 criminal cases it considered unsound as a result.

The Crown Office has also self-referred five more test cases, linked to the Cadder ruling, and the decision, which is expected in the autumn, could trigger the collapse of dozens more in Scotland.

Mr MacAskill said: "Traditionally, in criminal matters the High Court of Justiciary had the final say, but this route of raising devolution issues is undermining their final authority. The (Scottish) government's view is that the centuries-old supremacy of the High Court as the final court of appeal in criminal matters must be restored."

Richard Baker, Scottish Lab-our's justice spokesman, asked: "Can the cabinet secretary tell us why he did not act on a letter sent to him by the Glasgow Bar Association, that Scotland was not compliant with European law, a full year before the Cadder ruling?"

Mr MacAskill responded by saying it would be wrong for any politician, particularly the cabinet secretary, to undermine the High Court of Justiciary.

John Lamont, Conservative justice spokesman, added: "Clearly this judgment is having a devastating effect on the Scottish justice system.

"It is undoubtedly the case that our conviction rate will suffer as self-confessed criminals are being allowed to walk free."