Under consideration PE2265: Review Scotland's response to the UK Supreme Court judgment on fair trial rights in Scotland
Calling on the Scottish Parliament to urge the Scottish Government to undertake a review of Scotland's response to the UK Supreme Court judgment of 12 November 2025 concerning the application of sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995 and the right to a fair trial, including consideration of implications of the judgment, the clarity and guidance available to affected individuals and those advising them, the number of cases potentially affected, the adequacy of existing review mechanisms, and the resources required to respond effectively.
Background information
The judgment was delivered by the highest court in the UK and concerns the fundamental right to a fair trial. The then Lord Advocate confirmed that its implications extend to cases dating back to 2013, and the SCCRC established a dedicated review process. Through two national surveys involving almost 200 families, and engagement with criminal defence solicitors, King's Counsel and academics, JIMS has found that uncertainty regarding the implications of the judgment is not limited to affected families, making it difficult for many to obtain clear and consistent advice on whether the judgment affects their case, how the SCCRC review process operates and any steps that they should take. In our view, a judgment of the UK’s highest court concerning the fundamental right to a fair trial should be accompanied by sufficient clarity to enable affected individuals and those advising them to understand its implications and the available review process.
53 signatures