Sunday, 5 June 2011

Is Salmond posturing for effect, or ...

... is there a very real breach of protocol, I think posturing, but make your own mind up.

Under Scots law, a person suspected of an offence punishable by prison could be questioned without a lawyer for six hours but a ruling in October found this breached the European Convention on Human Rights

The UK Supreme Court found that Peter Cadder, a 20-year-old, whose assault conviction was based on evidence obtained before he spoke to his lawyer, did not receive a fair trial
The decision did not apply retrospectively but was estimated to potentially affect 3,471 cases already in the Scottish legal system, including 120 suspects awaiting prosecution on serious charges. 
The point I would make is, the issue is concerned with the "European Convention on Human Rights", a condition we are all accorded the same rights, unfortunately Scots Law is slightly askew with European Law.  The UK Supreme Court made a judgement based upon our obligation to the convention, presumably Scots Law would be modified as a result, so what's the point of Salmond's protestations, could it be an oportunity to drive a another illusionary wedge in the fabric of the United Kingdom ...

... Salmond's grand crisis for 2011, it's the way he governs, and he does it quite well, governance by illusion.

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