Law Society and Faculty jointly intervene in UK Supreme Court case

The Law Society of Scotland and the Faculty of Advocates have jointly intervened in relation to an important principle in Scottish criminal law that is central to a United Kingdom Supreme Court case.

Three days of hearings were conducted in the Supreme Court in London between 21 and 23 of October, challenging two sexual offence convictions on the basis that the trials breached Article 6 of the European Convention on Human Rights.

Criminal convictions in Scotland cannot normally be appealed to the UK Supreme Court. However,  the court can hear appeals on ‘compatibility issues’, where there is a complaint that the trial process breached an accused’s rights under the ECHR.

Laura Sharp, a member of the Law Society of Scotland’s Criminal Law Committee, said: "These appeals raise questions about the way in which evidence is excluded from sexual offence trials in Scotland, and whether the system complies with the European Convention on Human Rights.

"We have intervened along with our colleagues in the Faculty of Advocates because of the important principles at stake for Scotland's criminal justice system. It is critical not only that justice is done but that it is seen to be done.

"We support measures to improve the experience of complainers in sexual offence cases but, as we have said in our submission, such measures cannot come at the price of systemic unfairness to those who are accused."

The Dean of the Faculty of Advocates, Roddy Dunlop, addressed the court on the joint submission last week: “I stress the independence of the profession: from the Crown, from the defence, and from the judiciary. The interest of the profession is to ensure, so far as is possible, that the courts convict the guilty and acquit the innocent, dealing with parties fairly.”

You can read the full joint submission from the Law Society and Faculty of Advocates here.