Chaos fears over sheriffs ruling

Temporary sheriffs have since been replaced

Hundreds of criminal trials may have to be reheard following a ruling that cases before temporary sheriffs were in breach of human rights laws.

A decision by the Judicial Committee of the Privy Council means that any cases heard before a temporary sheriff between May and November of 1999 are open to appeal.

The judges upheld claims by four Scots that their human rights were contravened when their cases were heard before temporary sheriffs.

The decision could bring chaos to Scotland's judicial system if all those tried in that period decide to demand a retrial.

Lord Advocate Colin Boyd is a member of the Scottish Executive

The Scotland Act meant that, from May 1999, the Scottish Executive was obliged to comply with the European Convention on Human Rights.

However, the Lord Advocate, who was a also a member of the Scottish Executive, continued to appoint temporary sheriffs, whilst also being responsible for prosecuting cases.

In November 1999 the link between the two was found to contravene the European human rights legislation. since temporary sheriffs were not found to be either independent or impartial.

Following that ruling, David Millar, Kerry Payne, Paul Stewart and Joseph Tracey appealed against their convictions.

Although their appeal was dismissed by the Appeal Court in Edinburgh, the Privy Council's decision has overturned that ruling.

There are fears this could open the floodgates to hundreds of similar appeals.

Although convictions cannot be quashed, an order could be made to retry the cases in front of a permanent sheriff.