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He was released under Scots law. The Scottish legal system is independent from that of England. However the UK constitutional settlement used to make the House of Lords the highest court for all four UK home nations. Had the case come up a few years earlier the decision to release or otherwise would not have been taken by courts in Scotland but by the House of Lords.
The Scottish courts do not have experience with matters like this. I think there is a major problem in that they have not been able to convince public opinion around the world, particularly in the USA, that the decision was right. I think this is a major problem.
The Scottish courts are now facing a legal challenge to their policy on university fees to English, Welsh and NI students. The prediction is that their policy will be overturned, and the Scottish executive required to make substantial fee refunds as well as change their future policy.
Two high profile issues are likely to make the Scottish courts a laughing stock. They may
indicate that the Scottish legal system does not have the experience of decisions of this complexity. I'm sure many in Scotland would like to see the Scottish courts as part of an EU-wide court system, but the tide is going against this. Rather I think we are looking at additional powers being granted to UK-wide jurisdiction. Such a system would surely not have made the two high profile blunders of the Scots' system.
The Scottish courts do not have experience with matters like this. I think there is a major problem in that they have not been able to convince public opinion around the world, particularly in the USA, that the decision was right. I think this is a major problem.
The Scottish courts are now facing a legal challenge to their policy on university fees to English, Welsh and NI students. The prediction is that their policy will be overturned, and the Scottish executive required to make substantial fee refunds as well as change their future policy.
Two high profile issues are likely to make the Scottish courts a laughing stock. They may
indicate that the Scottish legal system does not have the experience of decisions of this complexity. I'm sure many in Scotland would like to see the Scottish courts as part of an EU-wide court system, but the tide is going against this. Rather I think we are looking at additional powers being granted to UK-wide jurisdiction. Such a system would surely not have made the two high profile blunders of the Scots' system.
