of it. We don’t think a weaker British bill of rights is positive, it is a backward and inward- looking approach.” Miller spoke to Holyrood as celebrations for Human Rights Day were marked internationally (on 10 December). It has been a busy year for the commission,
as well as responding to a number of breaking issues across the UK and abroad, earlier this year it was elected chair of the European Group of National Human Rights Institutions – one of four regional groups that bring together bodies from all over the world. It is also in the process of carrying out a major project to map the state of human rights in Scotland. Tis research is the first of its kind and will present a picture of where Scotland currently stands in terms of its international and domestic human rights obligations and which areas should be prioritised for improvement.
While the debate on a potential bill of rights
has consumed much of the debate over human rights in Britain, there has been no shortage of issues in Scotland. It is expected a series of landmark changes could be made to the country’s criminal justice system following the inquiry by Lord
Carloway’s list of recommendations also includes suggestions that suspects should be given immediate access to a lawyer after their arrest and a letter setting out their rights, suspects being charged should be brought before the court within 36 hours of arrest and that the time between arrest and a formal charge should be limited to 12 hours. “Te inquiry is a major piece of work and the implications absolutely could be hugely significant,” Miller said. “I think we all have to digest the list of recommendations, but I think it can be welcomed generally for undoing some of the hasty measures that were immediately put in place following the Cadder judgement. “What we welcome from the Carloway
report is a presumption of liberty of the suspect and the abolition of the 24-hour detention period, which at the time we said was an unnecessary reaction to Cadder. “Te fact that a suspect will now be made
aware when cautioned he’s entitled to legal access and preserving the independence of the Scottish Criminal Cases Review Commission are points we agree with too. “On the question of corroboration, however,
“The UK has become obstructive in a number of areas and it is to the great disappointment of people across the international community”
Carloway, published last month. Following a year-long review of the system, Carloway issued a number of recommendations, which included a proposal to abandon the centuries-old principle that police must produce independent corroboration of evidence. Carloway said the corroboration rule was
“archaic” and prevented solid cases being prosecuted while being inconsistently applied. Te review was called for after the UK
Supreme Court last year ruled that the long-standing procedure where police could question suspects for six hours without a lawyer was a breach of international human rights. Carloway said every procedure for questioning, arresting and prosecuting a suspect should be altered as a result of the ruling, which came about following a series of appeals by Peter Cadder, who was convicted of assault after evidence he gave without access to a lawyer was used against him. Just last week it was revealed the number of
prosecutions abandoned or put on hold in the wake of Cadder has risen to more than 1000.
we take the view it isn’t appropriate for such a short inquiry to look at such an issue that has huge ramifications for victims, suspects, police, prosecutors and courts and that needs proper consideration by the Scottish Law Commission or some other form of inquiry. “You can’t do that over
several months and I would hope Parliament will not immediately
go to legislation on the back of the Carloway recommendation on corroboration.” Miller hopes that while a number of human rights issues need to be resolved in Scotland, the debate will not turn as sour as it has at Westminster.
“Te climate that has been created with
regard to European law and human rights in and around Westminster has not been replicated to the same extent in Scotland,” he added. “And Scotland is doing better in terms of getting human rights into the legislation and government directions of travel and there is an opportunity over the next year for Scotland really to do things bigger and better in terms of helping to shape a national action plan for human rights. “It is an important time for human rights. Te UN is reviewing the UK’s human rights record next year and will then release recommendations. “Tat has quite exciting potential and I think it is important in Scotland that we stand in contrast to an increasing retreat from human rights at a UK level.”
IN BRIEF
New clinic to tackle drug abuse The first centre in Scotland providing a comprehensive service for people with drug problems has been officially opened. The ‘one-stop’ Timmermarket Clinic in Aberdeen is
designed to give people with drug addiction problems easy access to services. The facility brings together doctors, nurses, social workers and rehabilitation workers under one roof.
Double jeopardy ends Suspects who are acquitted of crimes will be able to be retried for the first time in Scotland as a new law changing the centuries-old principle of ‘double jeopardy’ had ended. The Double Jeopardy (Scotland) Act, passed
unanimously by Holyrood in March, allows people cleared of offences to be sent back to court if “compelling new evidence” emerges.
Change to drink-drive penalty Drivers could have their cars seized if they are caught driving three times over the alcohol limit, according to proposed new measures. They would also apply to drivers who refused to be
breathalysed without a reasonable excuse. Drivers can already have their car taken from them if
they are repeat offenders, but now it would apply to first- time offenders. Last year 7563 people in Scotland were caught driving under the influence of alcohol or drugs.
Forced marriage law introduced A new law aiming to protect people from forced marriage has come into effect in Scotland. The legislation gives courts the power to issue
protection orders to those at risk, which if breached could carry a two-year prison sentence. Greater help will also be made available for victims of
forced marriages, and existing powers to annul such unions have been strengthened.
Cocaine traced on banknotes More than one in every ten banknotes in circulation in the UK is contaminated with cocaine, drug experts have said. An official inquiry into the use of cocaine carried out
by the Home Office’s advisory council for the misuse of drugs has been told that 11 per cent of notes test positive for traces of cocaine. The finding, based on regular testing by 15 police
forces, reinforces surveys that show use of cocaine powder in Britain is the highest in Europe.
Developer loses Supreme Court appeal Scottish housebuilder Stewart Milne has lost an appeal at the Supreme Court in London over a controversial land deal. The Stewart Milne Group paid Aberdeen City Council
more than £350,000 for the plot in the north-east in 2004. The council was entitled to receive a share of profits if
it was sold on. The authority argued the plot was hugely undervalued
when it was resold in 2006 for almost £500,000. The Court of Session later ruled that it had a market value of more than £5.5m.
12 December 2011
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