Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Scots to protest at English intervention in legal cases

Nigel Morris,Deputy Political Editor
Tuesday 31 May 2011 19:00 EDT
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Alex Salmond was last night preparing for his first showdown with London after leading the SNP to a crushing victory in elections to the Scottish Parliament.

The flash-point is over the ability of judges sitting in the UK Supreme Court to intervene in Scottish criminal cases. It can rule on cases where Scottish law conflicts with human rights legislation.

It comes after the Westminister-based body ruled last week that the conviction of Nat Fraser, 52, of Elgin, for murdering his estranged wife in 2003, was unsafe. He had been ordered to serve a minimum 25-year term after being found guilty by a jury in Scotland of killing his wife Arlene, whose body has never been found.

Last night Mr Salmond, the First Minister, held talks with Holyrood ministers and Scotland's senior law officers to discuss "possible remedies" to the situation.

The SNP says it is the first time that criminal cases have been taken outside Scotland, undermining the independence of Scots law. It argues that people convicted in Scotland should be able ultimately to take their appeal direct to the European Court of Human Rights in Strasbourg without going through the Supreme Court.

Kenny MacAskill, the Scottish Justice Secretary, said yesterday: "It was never anticipated either at devolution or at the establishment of the Supreme Court that criminal appeals would routinely be decided by the Supreme Court."

But the former Lord Chancellor, Lord Falconer of Thoroton, said he was thinking in a "post-independence world", and that the Supreme Court provided "conclusions" and "consistency".

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in