Independent Review Group examining the relationship of the High Court of Justiciary and the United Kingdom Supreme Court
On 05 June 2011, First Minister Alex Salmond announced the creation of an independent review group to consider the law and practice currently governing the respective jurisdictions of the High Court of Justiciary and the Supreme Court in cases involving the application of human rights law, including cases in which 'devolution issues' are raised.
The full terms of reference for the group were:
"To consider and assess the mechanisms created under the Scotland Act 1998 and the Human Rights Act 1998, and developed since then, for applying Human Rights law to criminal cases in Scotland, including particularly the regulation, subject matter and scope of appeals from the High Court of Justiciary to the Supreme Court of the United Kingdom; To consider the criticisms of and various suggested amendments to those mechanisms in light of current assessments, including criticisms, of their operation; and to advise on the ways in which they might best be altered, if appropriate, by legislation or otherwise, to ensure Scotland's unique system of Criminal Law and Procedure is fully protected, within the context of the accepted need for that system to comply with the Human Rights Act."
The Review Group published its First Report (along with appendix and supplement) on 27 June 2011 and its Final Report on 14 September 2011. Both can be found below.
The Group also ran a public consultation exercise between 15 July and 12 August 2011. Further details on the consultation and the responses received can be found here.