Chamber
Meeting of the Parliament 22 March 2011
22 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Double Jeopardy (Scotland) Bill: Stage 3
I support the Government amendments.
Disclosure is an important aspect of legal proceedings, and it is a fundamental right of the accused and their legal team that they have sight of the evidence against them.
The cabinet secretary was correct to lodge the amendments in order to make the disclosure regime in relation to double jeopardy consistent with other aspects of the criminal law. We would not want a situation in which the common law applied to what will be a very few—indeed, exceptional—serious cases.
Although it is quite unusual for an order-making power to be introduced at stage 3, I recognise that it is a precaution and that it will ensure that the appropriate transitional arrangements can be made in relation to disclosure.
Disclosure is an important aspect of legal proceedings, and it is a fundamental right of the accused and their legal team that they have sight of the evidence against them.
The cabinet secretary was correct to lodge the amendments in order to make the disclosure regime in relation to double jeopardy consistent with other aspects of the criminal law. We would not want a situation in which the common law applied to what will be a very few—indeed, exceptional—serious cases.
Although it is quite unusual for an order-making power to be introduced at stage 3, I recognise that it is a precaution and that it will ensure that the appropriate transitional arrangements can be made in relation to disclosure.
In the same item of business
The Deputy Presiding Officer (Alasdair Morgan)
SNP
The next item of business is stage 3 proceedings on the Double Jeopardy (Scotland) Bill. In dealing with amendments, members should have in front of them the...
The Deputy Presiding Officer
SNP
The first group of amendments is on minor and technical drafting changes. Amendment 2, in the name of the minister, is grouped with amendments 3 and 4.
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
Section 4 will permit the retrial of an acquitted person when that person was originally prosecuted in the High Court and new evidence strongly suggests that...
The Deputy Presiding Officer
SNP
The second group of amendments concerns disclosure of information. Amendment 1, in the name of the minister, is grouped with amendments 5 and 6.
Kenny MacAskill
SNP
Amendment 1 ensures that the statutory rules of disclosure of evidence apply to all double jeopardy matters. When this Parliament passed the Criminal Justice...
James Kelly (Glasgow Rutherglen) (Lab)
Lab
I support the Government amendments. Disclosure is an important aspect of legal proceedings, and it is a fundamental right of the accused and their legal tea...
Bill Aitken (Glasgow) (Con)
Con
I agree with James Kelly, although perhaps for different reasons. As is generally known, I am a great supporter of the common law, which I believe has served...
The Deputy Presiding Officer
SNP
That ends consideration of amendments.