Fresh warning over rights law

Upheaval followed a ruling on temporary sheriffs

MSPs are warning the Scottish Executive that plans to reform the appointment of judges and sheriffs could still fall foul of human rights legislation.

The impartiality of Scotland's 130 temporary sheriffs was successfully questioned under the terms of Scots legislation which adopted the European Convention of Human Rights because they depended on the Lord Advocate for their appointments.

The landmark case led to a ban on temporary sheriffs and there were fears that the courts system would be thrown into chaos.

Twelve new sheriffs have been appointed

Since May last year, Scottish law has been subject to the convention which guarantees an accused person's right to a fair trial before an independent tribunal.

The executive announced plans to change the way the judiciary is appointed and a bill is now passing through the parliament.

But the Scottish Parliament's justice committee is due to publish a damning report on Friday which says there is no point in rushing through legislation which does not "solve the problems".

Members are refusing to back the bill unless it is significantly amended.

Serious implications

The human rights ruling was used in Scotland last November when the appeal judges decided that a temporary sheriff - who was due to preside over the case of two West Lothian men accused of assault and breach of the peace - was not independent.

The judges said that the two men were entitled to a new trial by a permanent sheriff.

The convention has gone on to have other serious ramifications over the application of Scottish law and has forced the postponement of cases in several courts.

Twelve new sheriffs have now been appointed to ease the problems caused by the ban on temporary sheriffs.

The group comprises nine men and three women. Six are advocates, three are solicitors, two are members of the procurator fiscal service and one is a legal academic.