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Tuesday, November 11, 2003
Consultation
[url=http://www.dca.gov.uk/consult/supremecourt/index.htm] Department for Constitutional Affairs Consultation Paper. Constitutional Reform: A Supreme Court for the United Kingdom
July 2003 [/url]
[. . .] The paper sets out the Government’s proposal to remove the jurisdiction of the Appellate Committee of the House of Lords and transfer it to a new Supreme Court. This would be a Supreme Court for the United Kingdom, and would be quite separate from the England and Wales or Scottish or Northern Ireland courts.
[. . .]
26. As noted above, there are differences in the treatment of Scottish cases compared to those from England and Wales and Northern Ireland. There is no appeal from the High Court of Justiciary in criminal cases to the House of Lords. This is for historic and practical reasons; there are considerable differences between the two systems, described by Lord Hope of Craighead as ‘as distinct from each other as if they were two foreign countries’. (R. v Manchester Stipendiary Magistrate, ex parte Granada Television Ltd [2000] 2W.L.R.1,5) There is no evidence that the Scottish criminal appeal system requires change. To the extent that a further appeal may be required after the first tier of appeal has been exhausted, there is the possibility of a reference back at any time to the court of appeal by the Scottish Criminal Cases Review Commission. Where a devolution issue may be involved, there is currently recourse to the Judicial Committee of the Privy Council and there will in future be the possibility of a reference to the new Supreme Court. . .”The deadline for responses to the consultation was November 7th. Apologies for the problem with the link above. MM
Media
“Darling backs supreme court plan: Alistair Darling, the secretary of state for Scotland, yesterday rejected claims that plans for a new UK supreme court were unlawful. . .” Herald 12.11.03
“British supreme court ?illegal?: Hundreds of Scotland’s most experienced lawyers believe government plans to create a UK supreme court would be unlawful…
In their official response to the white paper on modernising the judiciary, advocates said a supreme court run by the newly established Department for Constitutional Affairs would be in breach of the 1707. . .” Herald“A law reform too far; English court must not hold sway in Scotland. For a government that delivered on devolution, Labour’s plans to drive on with modernising the constitution and the legal system look oddly cack-handed. Unless rectified, they would also be unlawful, according the Faculty of Advocates . . .“ Herald. Editorial.
“Court ‘threat’ to Scots law” BBC
Other comment
“SNP call for repatriation of Scottish Justice: Shadow Justice Minister Ms Nicola Sturgeon MSP and Westminster Home Affairs Spokesperson Ms Annabelle Ewing MP have today (Friday) submitted the SNP?s formal response to the UK consultation on the establishment of a UK Supreme Court. The response agrees that the confusion of both legislative and judicial functions in one institution is inappropriate. However, it argues that the forthcoming shake-up is the ideal opportunity to end the practice of sending appeals in Scottish civil cases south of the Border and calls for the repatriation of Scottish justice. . .“ Scottish National Party 7.11.03
Posted by MM
on Tue 11th Nov 2003
at 2:15 pm
Courts
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