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Devolution issues, human rights and Scottish criminal appeals to the UK Supreme Court

2013 March 4
by Mary Munro

SASO conference at Dunblane 2011 Lords Brodie and HopeUpdate

“‘Public positives in Supreme Court shake-up’” Scotsman

Following posted 3.4.12

“Legal battle climbdown by ministers” Herald

Following posted 1.2.12

“Lord Advocate steps into row over Supreme Court” Herald
“Mulholland digs at Supreme Court: Scots judges have “better understanding” of public importance” The Firm Magazine
“Mulholland backs Supreme Court leave change” Law Society Journal Online

Following posted 26.1.12

“The Supreme Court and the Scotland Bill” UK Supreme Court blog (Prof Tony Kelly)
“Judges, Politicians and the Contested Constitution” UK Supreme Court blog (Aidan O’Neill QC)

Following posted 23.1.12

“Scotland’s most senior judges accused of immaturity” Herald

Following posted 20.1.12

“Lib Dem Wallace accused of not trusting Scotland’s judges after delivering Supreme Court snub” Newsnet Scotland
“Scotland’s most senior judges accused of immaturity” Herald
“Lord President asks Westminster to amend Scotland Bill, closing Criminal Appeals route to UK Supreme Court on Human Rights issues”
“Lord Hamilton submits view on Supreme Court role in Scotland” UK Supreme Court blog

Following posted 19.1.12

“Give justiciary in Scotland equal powers, urges judge” Scotsman
“Hamilton asks Parliament for criminal appeal restriction” Law Society Journal Online
“Top judge snubbed in Supreme Court row” Herald
“Scotland’s Lord Hamilton submits view on Supreme Court role” BBC

Following posted 9.12.11

“Lord Hope in Glasgow: On The Supreme Court” The Firm Magazine
“Lord Hope demands media blackout after being “misquoted” over “anti-English sentiment” remarks” The Firm Magazine

Following posted 21.11.11

“‘Scottish court system is anti-English’” Herald
“‘This is an unprecedented attack by a judge on the Scottish Government and Parliament’” Herald
“Legal system must be even-handed” Herald
“Judge attacks ‘anti-English sentiment’ of Scottish courts” Scotsman
“Judge warns of anti-English view in courts” Scottish Express
“Anglophobic sentiments an “obstacle to progress”: Hope” Law Society Journal Online
“Hope and courage” The Firm Magazine

Lord Hope at the Scottish Association for the Study of Offending Annual Conference (PDF) The impact of Europe on Criminal Justice in Scotland: The role of the UK Supreme Court. The Lord Rodger of Earlsferry Memorial Lecture
19 Nov 2011
| Also on the SASO annual conference page.

For posts dating back to December 2009, press releases and key documents

Following posted 13.10.11

“A dish best served cold: sting in the tail as Supreme Court draws the line for Holyrood” The Firm Magazine

Following posted 7.10.11

“Final Appeals in Scots Criminal Cases” UK Supreme Court blog

Following posted 16.9.11

“Wallace called on to accept McCluskey report” Newsnet Scotland

Following posted 15.9.11

“UK Supreme Court powers ‘must be cut for Scots cases’” Herald
“UK supreme court’s jurisdiction in Scotland upheld by review panel” Guardian
“Supreme Court ‘should rule only by request'” Scotsman
“Supreme Court appeal provisions need amending: McCluskey” Law Society Journal Online
“Society dissents from McCluskey certification proposal” Law Society Journal Online
“Supreme Court Review reinforces interim conclusions” The Firm Magazine
“Supreme Court “general public importance” proposal may restrict access to justice” The Firm Magazine
“UK Supreme Court is ‘constitutionally problematic’ claims report” Newsnet Scotland
“UK Supreme Court to retain role in Scots law” BBC
“Lord Wallace welcomes report into Supreme Court rulings” BBC

Following posted 19.7.11

“McCluskey review issues consultation questions” Law Society Journal Online
“Salmond’s self-defeating legal defence?” Lalland’s Peat Worrier

“QC: Govt more concerned with “political posturing” over Supreme Court than securing justice” The Firm Magazine
“Lawyer defends First Minister’s position in Supreme Court row” Herald
“Salmond in the dock for Supreme Court ‘insults’ Leading lawyer attacks Salmond” Herald

“The conundrum of Scots Law” Newsnet Scotland

Following posted 4.7.11

“JUSTICE response to Supreme Court interim review” Firm Magazine
“First Minister blanks JUSTICE concerns over “incoherent” report” Firm Magazine
“Food for further thought” Law Society Journal Online

Following posted 1.7.11

“MSPs bid to limit Supreme Court’s role” Herald

Following posted 28.6.11

“McCluskey throws Salmond a legal bone of contention” Scotsman
“Lord McCluskey backs new control on Supreme Court appeals” Scotsman
“Relationship between Scottish justice system and UK Supreme Court ‘extremely flawed'” STV
“McCluskey interim report calls for “less intrusive” Supreme Court jurisdiction” Law Society Journal Online
“Scottish criminal justice unfairly treated by Supreme Court says Review Group” Newsnet Scotland
“Supreme Court system for Scottish cases ‘flawed'” BBC
“On the UK Supreme Court’s “striking anomaly” Lalland’s Peat Worrier
“Lord McCluskey’s panel calls for law change to exclude UK Supreme Court involvement” Courier
“Supreme Court should rule in Scottish cases, say experts” Press and Journal

Following posted 23.6.11

“Scottish independence is a UK issue” Guardian
“Fresh attack as UK court row deepens” Herald
“The lessons of Quebec’s quest for independence” Herald

Following posted 23.6.11

“The role of the UK Supreme Court cannot avoid being controversial” Scottish Review
“A principled silence and a constitutional crisis” Firm Magazine
“The Rule of Law is dead” Firm Magazine
“As always, Alex reigns supreme” Evening News
“Holyrood magazine faces legal action over Alex Salmond interview” Evening News
“Holyrood magazine faces threat of legal action over Alex Salmond comments” Guardian
“Online magazine censors First Minister interview after legal threats” Newsnet Scotland
“Salmond picked the wrong fight” Scotsman
“Alex Salmond accused of showing disregard for human rights” Scotsman
“GBA says Salmond “clearly” in contempt over Supreme Court – MacAskill should resign and proceedings be raised” Firm Magazine
“Independent report urged into constitutional conflict” Firm Magazine
“MSPs told Supreme Court defends Scots’ human rights” BBC
“Supreme Court needed as effective remedy, Commission tells MSPs” Law Society Journal Online
“Human Rights Commission propose “Memorandum of Understanding” to calm Supreme Court row” Firm Magazine

Following posted 20.6.11

“‘He has an opinion on everything else’ — sheriff’s cutting remarks directed at first minister” Courier
“Alex Salmond refuses to back down in face of widespread criticism of legal row comments” Courier
“‘Mr Salmond needs to pick his fights more carefully'” Evening News
“Scotland’s top lawyers accuse Alex Salmond of ‘highly personal’ attacks” Guardian
“Hammer of the Scots” Herald
“Big mouth strikes again How Salmond stirred up a hornet’s nest” Herald
“Scotland’s legal system deserves equal footing with the rest of Britain” Herald
“Power struggle” Law Society Journal Online
“Salmond takes legal advice on threat” Scotsman
“Wrong on human rights and the Supreme Court” Scotsman
“Abandon Hope, as he who pays the piper plays the clown” Scotland on Sunday
“It is possible that the first minister just needs a holiday” Scottish Review

Following posted 17.6.11

“Salmond told: Grow up, own up and apologise” Herald
“‘Disquiet’ in SNP ranks over Alex Salmond’s attack on judge” Scotsman
“No Alex Salmond apology in Supreme Court row” BBC
“Supreme row continues” BBC Brian Taylor Blog
“Annabel Goldie blasts Alex Salmond for Supreme Court ‘rant'” Daily Record
“Supreme Court ‘not supreme’ despite judgement” BBC

Following posted 16.6.11

“Alex Salmond under fire over Supreme Court legal row” BBC
“Fighting the law” BBC Brian Taylor Blog
“Leading lawyer to sue First Minister” Herald
“Slopping-out lawyer may sue First Minister for attacking his integrity” Scotsman
“‘Childish’ Alex Salmond faces legal threat from human rights lawyer” The Courier

“Professional leaders condemn Scottish Government comments on judiciary” Law Society Journal Online
“Human rights lawyer plans to sue First Minister” Law Society Journal Online
“Society and Faculty unite to condemn “highly personal attacks” over Supreme Court” The Firm
“Jim Sillars accused Alex Salmond of ‘juvenile’ attacks on UK Supreme Court” Telegraph

Following posted 15.6.11

“Salmond criticises senior judge” Herald
“Solicitor takes advice over Salmond legal attack” BBC
“Legal profession supports Supreme Court role” Law Society Journal Online
“Alex Salmond’s ‘unacceptable’ tirade on senior judge” Telegraph

Following posted on 10.6.11

“Supreme Court” Holyrood magazine
“Legal arguments” Holyrood magazine
“Roughed up justice” Holyrood magazine
“The eck’s factor” Holyrood magazine

Following posted 9.6.11

“SNP accused of rigging jury on future of Supreme Court” Herald
“GBA criticises makeup of Supreme Court expert group” Law Society Journal Online
“GBA publicly berate “boorish, ill informed” MacAskill” The Firm

Following posted 8.6.11

“Senior advocate adds voice to call for practitioners to be represented in Supreme Court group” The Firm
“Supreme court row – what’s it all about?” Newsnet Scotland

Following posted 7.6.11

“Exclusive video interview: Law Society chief defends Supreme Court” Herald
“Supreme Court study group ‘missing those who do the work'” Scotsman
“Peter Jones: Supreme Court row leaves sour taste” Scotsman
“QC queries makeup of Supreme Court review team” Law Society Journal Online
“What, no practitioners? Campbell challenges composition of Supreme Court expert group” The Firm

Following published 6.6.11

“SNP probe into UK Supreme Court” Scotland on Sunday
“Salmond appoints experts to look at Supreme Court”BBC
“Salmond on Supreme Court review” BBC video
“First details of ‘expert’ panel announced: includes critical Lord McCluskey” The Firm
“Ministers name Supreme Court review group” Law Society Journal Online
“Top team line up to save Scots law” Newsnet Scotland
“Justice Minister accused of ‘petulance’ for defending Scots law” Newsnet Scotland
“Prof. Black expresses confidence as Supreme Court expert group is named” The Firm
“Salmond in bid to brush off Supreme Court attacks” Herald
“Eddie Barnes: After the Supreme Court row and FMQ furore, have the scales tipped too far in Alex Salmond’s favour?” Scotsman
“Lawyers back Supreme Court not Europe” Scotsman
“Michael Fry – the case for legal independence” Scotsman
“Niall McCluskey – the supreme irony of the SNP’s stance on court” Scotsman
“Society’s president raises fears of ‘unrefined legislation’ if politicians fail to listen to each other” Scotsman
“Legal disquiet” Scotsman
“Supreme Team will protect independence of Scots law” Newsnet Scotland
“Split between Alex Salmond and Kenny MacAskill over UK Supreme Court” Telegraph

Following published 3.6.11

“Anticipating the UK Supreme Court…” Lallands Peat Worrier
“International shame, the rule of law and access to justice” Firm Magazine
“Self-government is about more than constitution” Scotsman
“Lord McCluskey says Kenny MacAskill’s conduct is ‘unsuitable’ for a Justice Minister” Telegraph
“Alex Salmond’s attack on the UK supreme court smells political” Guardian
“Advocate general attacks SNP in UK Supreme Court row” Courier
“‘Little Scotlander’ taunt in row over Supreme Court” Herald
“What a difference a defeat makes” Herald
“Vintage Alex Salmond, but who will stop him telling whoppers at Holyrood…?” Scotsman
“First Minister’s Questions: Claims and truths” Scotsman
“Scots law chief’s plea for UK court’s advice” Express
“Police chief questions UK Supreme Court’s right to rule on Scots law” STV
“Childish conduct is hurting Alex Salmond’s Supreme Court attack” Telegraph
“Lord Wallace: Has Alex Salmond even read the Supreme Court judgements?” Telegraph
“First Minister’s Questions – Thursday, June 2, 2011” STV
“Goldie Slams “ill advised, provocative rhetoric” as Salmond backs under fire MacAskill” Firm Magazine
“MacAskill “no intention” to resign over Supreme Court remarks “ Firm Magazine
“First Minister defends independence of Scots law” Newsnet Scotland

Following posted on 2.6.11

“I was wrong. It’s personal, and very, very nasty. Rings of truth: part 3” Scottish Review
“Alex Salmond and Kenny MacAskill accused of ‘unbelievable ignorance’ over UK Supreme Court” Telegraph
“Alex Salmond provokes fury with attack on UK supreme court” Guardian
“More to Supreme Court row than mere posturing” Herald
“Law as it stands is fair and reasonable for all UK citizens – including Scots” Scotsman
“Kenny MacAskill stands accused of jeopardising British justice” Scotsman
“Narrow nationalism is not worthy of modern SNP” Scotsman
“Killer Luke Mitchell bids to have conviction quashed in London” Express
“Scots law team to take on UK court” Express
“Ministers to set up “expert panel” on Supreme Court issue” Law Society Journal Online
“Wallace fury over court row” Scottish Sun
“Statement from Advocate General Lord Wallace on the Supreme Court row” Firm Magazine
“Advocate General Lord Wallace defends Supreme Court “ BBC
“Being supreme courts constitutional debate” BBC
““Weeks or months” before “expert” group convened to review Supreme Court” Firm Magazine
“Legal panel to review UK Supreme Court’s ‘interference’ in Scots law” Courier

Following posted on 1.6.11

“The shameful treatment of Lord Hope augurs ill. Rings of truth: part 2” Scottish Review
“MacAskill threat to end Supreme Court funding” Herald
“SNP review into Supreme Court rulings” Herald
“Alex Salmond: Why the sanctity of Scots Law remains an important cause and one worth fighting for” Scotsman
“Alex Salmond demands new laws to bypass Supreme Court” Scotsman
“Scots law team to take on UK court” Express
“I need team to fight Supreme” Scottish Sun
“Alex Salmond and the Nat Fraser case. Rings of truth: part 1” Scottish Review
“MacAskill throws insults at Supreme Court Justices” Firm Magazine
“Law becomes political football as Scottish Government appoints “experts” to provide proposals for Supreme Court” Firm Magazine
“MacAskill plans to cut funding for “ambulance chasing” Supreme Court” Firm Magazine
“The Supreme Court and Scotland: An Open Letter to Alex Salmond (from Robbie the Pict)” Firm Magazine
“Scots legal group to review Supreme Court rulings” BBC
“The attacks made on Supreme Court smack of crude populism” Herald Letters

Following posted on 31.5.11

“MacAskill in new attack on Supreme Court rulings” Herald
“Salmond under fire for ‘anglophobic’ criticism” Press and Journal
“Call to bypass Supreme Court and deal direct with Europe” Scotsman
“Cabinet to discuss role of UK Supreme Court in criminal cases” STV
“MacAskill vow over Scots law bust-up” Scottish Sun
“Cabinet seeks to exclude Scots criminal appeals to London” Law Society Journal Online
“Former Lord Advocate Boyd backs Supreme Court role” Firm Magazine

Following posted on 30.5.11

“The legal system in the balance” Herald
“The courts, the chaos and the constitution” Herald
“Ministers must act to safeguard our justice system” Scotsman
“Salmond warned: you cannot ride roughshod over the Supreme Court” Scotsman
“SNP: stop London hearing Scots human rights cases” Scotsman
“Ministers to act over ‘interfering’ English judges” Express
“Supreme Court’s role in Nat Fraser case to be scrutinised” STV
“SNP wants Scottish appeals heard in France, not Britain” Telegraph
“Scottish government moves against UK Supreme Court” BBC
“Supreme Court versus Scottish Appeals Court” Newsnet Scotland

Following posted on 27.5.11

“Nat Fraser retrial hearing adjourned” BBC
“Nat Fraser: An ugly shadow” The Firm Magazine
“Salmond Supreme Court criticism ‘ill thought-out’ “ Herald
“Alex Salmond ‘guilty of getting Supreme Court facts wrong'” Scotsman
“‘Scots judges must stand up to UK court meddling’” Express
“Court fear of Scot lawyers” Scottish Sun
“Salmond on the attack over Supreme Court influence” Law Society Journal Online

Following posted on 26.5.11

“Nat Fraser has sentence quashed after Supreme Court uphold his appeal for murder of wife Arlene” Daily Record
“Supreme court quashes Scottish man’s murder conviction” Guardian
“Justice system in the dock as Nat Fraser wins appeal” Herald
“Fraser is freed by the rings that jailed him” Herald
“It’s a question of justice and law” Herald
“Fraser on brink of freedom” Press and Journal
“Supreme Court threat to Scots law – Alex Salmond” Scotsman
“Fraser’s fate now in hands of Scots judges” Scotsman
“Why the Supreme Court of UK has power to overturn Scots convictions” Scotsman
“What happens next” Scotsman
“Fraser set to walk free after UK court victory” Express
“Alex Salmond says Supreme Court should have no power in Scotland” STV
“There is nothing to celebrate… there is still a missing mother” Scottish Sun
“Nat Fraser appeal allowed for non-disclosure by prosecution” Law Society Journal Online
“First Minister – Hands off Scottish Justice” Newsnet Scotland
“Nat Fraser wins appeal – Scots Law on trial” Newsnet Scotland
“Nat Fraser wins appeal to quash murder conviction” BBC
“Supreme Court ruling on Nat Fraser” BBC (video of Lord Hope reading judgement)

Following posted on 11.4.11

“Lord Hope: The Scottish legal system is respected, and in safe hands” Scotsman

Following posted on 4.4.11

“No general criminal appeal to Supreme Court in prospect, says Hope” Law Society Journal Online
“Top Scots judge backs UK court over ruling” Scotsman

Following posted on 23.3.11

“MacAskill proposes ‘compromise’ on Supreme Court appeals” Law Society Journal Online
“Compromise deal on Scots appeal cases” Herald
“The Englishing of Scots criminal law? (Aidan O’Neill)” Deferolaw

Following posted on 9.3.11

“UK Supreme Court must not override Scots justice says law chief “ Scotsman
“The traitors are court in the Act” Evening News

“Threat to Scots law merits serious debate” Scotsman

Following posted on 2.3.11

“‘Minimal changes’ from Scotland Act” Herald

Following posted on 1.3.11

“SNP fights Supreme Court move” Scotsman
“UK court threat to Scots law” Express
“‘Secret clauses’ allegation over Scots criminal appeals” Law Society Journal Online
“‘Serious concerns’ over UK Supreme Court change” BBC
“Justiciary? Supreme? Hyslop’s is/ought guddle…” Lallands Peat Worrier

Following posted on 28.2.11

“Secret attempt to end appeals in Scots courts” Herald
“Court move must be out in the open” Herald

Following posted on 24.2.11

“Justice in sex attack cases more difficult, says MacAskill” Herald
“Law should allow for human rights” Herald
“Supreme Court under fire from Kenny MacAskill” Scotsman
“Kenny’s attack on EU court” Scottish Sun
“SNP minister claims High Court is being undermined” Press and Journal
“High Court ‘undermined’ by devolution issues, says MacAskill” Law Society Journal Online

Following posted on 18.2.11

“Independence of Scots Law at risk from Scotland Bill” Newsnet Scotland

Following posted on 14.2.11

“Angiolini warns on Supreme Court powers” Law Society Journal Online
“The judges over our shoulders” Law Society Journal Online

Following posted on 9.2.11

“Lord Advocate Elish Angiolini on legal identity ‘loss’” BBC

Following posted on 18.10.10

“Paper could mean end of criminal appeals to London, QC argues” Law Society Journal Online

Following posted on 26.1.10

“Centuries of tradition may go in plan for appeal court shake–up” Scotsman
“Implications of UK Supreme Court analysed” Press and Journal
‘Independent Scotland should have Supreme Court, says report” Herald
“The Walker Report and the Law that Dare Not Speak its Name” UKSC blog (Aidan O’Neill)
“A Scottish Supreme Court?” UKSC blog

Following posted on 4.12.09

“Case Preview: Allison, McInnes, Martin and Miller v Her Majesty’s Advocate: Devolution Appeals. Part I” UKSC blog (article by Aidan O’Neill)
“Case Preview: Allison, McInnes, Martin and Miller v Her Majesty’s Advocate: Devolution Appeals. Part II” UKSC blog (article by Aidan O’Neill)
Supreme Court to hear first Scots cases Law Society Journal Online

Press releases

“Lord President Makes Written Representations to Parliament” Judiciary of Scotland (January 2012)

“Scotland Bill “missed opportunity and not yet fit for purpose” says Holyrood Committee” Scottish Parliament (January 2012)

“Supreme Court court upholds legality of Act” Scottish Parliament (October 2011). Contains links to judgement in the Axa (pleural plaques) case.

“UK Supreme Court” Scot.Gov. (September 2011)

“Review Group chaired by Lord McCluskey” Scot.Gov.(July 2011). Contains details of the consultation.

“Supreme Court review”Scot.Gov. (June 2011)

“Open letter to MSPs on the Supreme Court “ Scottish Human Rights Commission (June 2011)

“UK Supreme Court” Scot.Gov. (June 2011)

Fraser (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) (May 2011)

“Advocate General seeks view on Scotland Bill amendments” Scotland Office (March 2011)

“The Walker Report” Scot.Gov. (January 2010)

See also

Scotland’s Constitutional Future – Speech by the Advocate General for Scotland (20.1.12)

Lord President’s Full Representation to UK Parliament on Scotland Bill (January 2012)

1st Report, 2011 (Session 4): Report of the Scottish Parliament Scotland Bill Committee: Conclusions and Recommendations (Deceber 2011) | Main Report

Lord Hope at the Scottish Association for the Study of Offending Annual Conference (PDF) The impact of Europe on Criminal Justice in Scotland: The role of the UK Supreme Court. The Lord Rodger of Earlsferry Memorial Lecture
19 Nov 2011

Independent Review Group examining the relationship of the High Court of Justiciary and the United Kingdom Supreme Court (on Scottish Government site – contains links and commentary on all reports and Review Group business) including Final Report of the Review Group (September 2011)

Office of the Advocate General

UK Parliament Scotland Bill site

Scottish Parliament Official Report 30.6.11: Scotland Bill (Supreme Court) debate

Scottish Government site Supreme Court Review pages
First Report of the Review Group (June 2011) | Appendix and Supplement (June 2011)

Hansard 22.6.11: Miss Anne McIntosh (Thirsk and Malton) (Con): Has the Advocate-General yet received an update on the progress made by the expert group set up by the Scottish Government, which is examining the role of the United Kingdom Supreme Court?

Scottish Parliament Official Report FMQs 2.6.11: Annabel Goldie: The Cabinet Secretary for Justice, Kenny MacAskill, disparagingly alleged that the majority of Supreme Court judges “do not know Scots law”, except what they may have picked up on a trip to the Edinburgh festival. Does the First Minister endorse Kenny MacAskill’s remarks? (also see subsequent questions)

Fraser (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) (May 2011)

Lord Hope speech to Scottish Young Lawyers Association (April 2011): Scots Law seen from South of the Border

Office of the Advocate General 8.3.11: Devolution issues and acts of the Lord Advocate – consultation on clauses

Scottish Affairs Committee

Scottish Parliament Official Report 23.2.11: Statement by Cabinet Secretary for Justice on Cadder Judgement

Scottish Parliament 8.2.11: Scotland Bill committee – Lord Advocate’s evidence

Aidan O’Neill Q.C. (October 2010) The curtailment of criminal appeals to London. A response to ‘Devolution issues and acts of the Lord Advocate: an informal consultation’”

The Walker Report: Final Appellate Jurisdiction in the Scottish Legal System (January 2010)

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