Dear All
The right to a fair trial is one of the most important cornerstones of a civilised society.
Here is article 6 of The European Convention on Human Rights; I draw your attention to subsection 2.
Everyone is presumed innocent until proven guilty.
ARTICLE 6
1/ In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2/ Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3/ Everyone charged with a criminal offence has the following minimum rights:
The right to a fair trial is one of the most important cornerstones of a civilised society.
Here is article 6 of The European Convention on Human Rights; I draw your attention to subsection 2.
Everyone is presumed innocent until proven guilty.
ARTICLE 6
1/ In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2/ Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3/ Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and the facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
It therefore beggars belief that an SNP MSP Stewart Maxwell doesn’t understand the concept of what represents a fair trial.
It appears that the SNP wants to bring Scottish Law into line with the English system by disclosing that a person has previously been in trouble.
The Scottish government has asked the Scottish Law Commission to look at the issue because of the case of serial killer Peter Tobin.
But rather than this being a help, it is a charter for the authorities to fit people with crimes they didn’t commit.
So, Stewart Maxwell has roped in the Justice Minister Kenny MacAskill and Lord Advocate, Elish Angiolini and this has gone to the Scottish Law Commission for examination.
This idea is knee jerk politics and should be rejected out of hand, a case against an individual should stand or fall on the evidence presented specific to that case which is presented before a jury.
The Shirley McKie case, one of the greatest miscarriages of justice in Scottish legal history shows what can happen when the authorities close ranks in an attempt to fit up an innocent person.
This is the type of thing I would expect form Elish ‘Labour’ Angiolini but not from the SNP.
Any right thinking person who believes in human rights should reject this measure completely out of hand.
Either the Scottish National Party believe in human rights or they don’t, they don't get to cherry pick the bits they want to give us.
Yours sincerely
George Laird
The Campaign for Human Rights at Glasgow University
(b) to have adequate time and the facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
It therefore beggars belief that an SNP MSP Stewart Maxwell doesn’t understand the concept of what represents a fair trial.
It appears that the SNP wants to bring Scottish Law into line with the English system by disclosing that a person has previously been in trouble.
The Scottish government has asked the Scottish Law Commission to look at the issue because of the case of serial killer Peter Tobin.
But rather than this being a help, it is a charter for the authorities to fit people with crimes they didn’t commit.
So, Stewart Maxwell has roped in the Justice Minister Kenny MacAskill and Lord Advocate, Elish Angiolini and this has gone to the Scottish Law Commission for examination.
This idea is knee jerk politics and should be rejected out of hand, a case against an individual should stand or fall on the evidence presented specific to that case which is presented before a jury.
The Shirley McKie case, one of the greatest miscarriages of justice in Scottish legal history shows what can happen when the authorities close ranks in an attempt to fit up an innocent person.
This is the type of thing I would expect form Elish ‘Labour’ Angiolini but not from the SNP.
Any right thinking person who believes in human rights should reject this measure completely out of hand.
Either the Scottish National Party believe in human rights or they don’t, they don't get to cherry pick the bits they want to give us.
Yours sincerely
George Laird
The Campaign for Human Rights at Glasgow University
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