Salmond appoints experts to look at Supreme Court

The UK's Supreme Court ruled on Nat Fraser's murder conviction

A group of experts has been established to look at the impact of the UK Supreme Court on Scotland's legal system.

First Minister Alex Salmond set up the review after raising his concerns about the role of the London-based court.


The four members appointed to the review group include a former solicitor general for Scotland.

Their initial findings will be debated at the Scottish Parliament in time for the summer recess.

The debate over the Supreme Court was brought to life by its decision that Nat Fraser's conviction for murdering his wife Arlene in Elgin was unsafe.

The court had previously cast doubt on a large number of criminal convictions in Scotland in a ruling which came to be known as the Cadder judgement.

This concerned the rights of a suspect to legal representation during questioning by police.
Political debate
The experts who were appointed to the expert group are Lord McCluskey, a former solicitor general; Sir Gerald Gordon, a former professor of Scots Law at Edinburgh University; Charles Stoddart, who has acted as interim Sheriff Principal; and Professor Neil Walker, an expert in constitutional law.

The first minister has asked them to look at the roles of the High Court of Judiciary in Edinburgh and the UK Supreme Court in London, and to advise on possible options for reform.

Mr Salmond said: "This expert group is a stellar cast of some of the leading names in the Scottish legal firmament.

Supreme Court justice Lord Hope has been criticised by politicians

"We have called upon specialists of the highest calibre and asked them to use all their experience to bring forward proposals for reform."

The first minister defended Scotland's independent legal system, which he said was being affected by "aggressive" intervention from a different jurisdiction.

But members of the Scottish government have been criticised for politicizing the discussion of the Supreme Court, and particularly for focussing on the role of a Scottish judge at the court, Lord Hope.

A spokesman for the Scotland Office, part of the UK government, said evidence on the issue from a previous review had been passed on to the Scottish government.

The spokesman said: "The responses to the expert group set up by the advocate general showed overwhelming support for the Supreme Court maintaining its important role in devolution issues.

"There has been a great deal of misinformation about the role of the Supreme Court in recent weeks.

"The idea that the independence of Scots law is under threat is simply wrong."