Anti-terrorism legislation threatens Scottish legal autonomy

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The independence of the Scottish legal system is being threatened by new anti-terror legislation, claim critics.

Experts have warned that the new Counter-terroism Bill will encroach on the jurisdiction of the Lord Advocate, whose responsibility it is to decide on prosecutions in Scotland.

The legislation being proposed at Westmintser would give authorities the right to prosecute a suspect in any part of the UK, regardless of where the offence was committed.

This threatens a 300 year-old principle of the Act of Union, which protects Scottish legal independence.

Clause 27 of the Counter Terrorism Bill states that “proceedings for the offence may be taken at any place in the UK.” This aspect of the proposed law does not have the consent of the devolved institutions, and if passed unchanged would have wider constitutional implications.

Michael Clancy, director of law reform for the Law Society of Scotland, said: "This could undermine the primacy of the office of the Lord Advocate and the position of the High Court."

Elish Angiolini, the Lord Advocate, has called for the Home Secretary to “clarify” the law and stated that her permission would have to be sought to try any Scottish terror suspects in England.

While the Glasgow Airport bombers were transported to London to to face charges, this was done with the permission of the Lord Advocate.

However, Jacqui Smith, the Home Secretary, has stated that in cases of linked attacks such as those in Glasgow and London, the suspects should be tried in the same place.

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