The Sectarian BS.

[Seinchin 11]

Just goes to show what we have all been saying the media do control the masses.

The Scottish Parliament has been accused of doing more harm to the independent Scots legal system than Westminster managed in 300 years.

In an article in The Times, a leading legal commentator says legislation has often been passed to satisfy tabloid newspapers' agendas.

Solicitor-advocate Alistair Bonnington said huge damage had been done to Scots law by the Holyrood Parliament.

He said long-held beliefs on the right to a fair trial had been dumped.

Mr Bonnington, a former honorary professor of law at Glasgow University, cites the ending of double jeopardy - where an accused person cannot be tried twice for the same offence - as one example.

Paradox and tragedy

And he argues that proposals to end the need for corroboration and also allow juries to be told the previous convictions of a person in the dock represent "the destruction of two of the gold standards of Scots criminal law".

Mr Bonnington writes: "From the Union of 1707 until the present day, Scots law has managed to continue to exist, and sometimes even thrive, as an independent legal system within the UK.

Continue reading the main story

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Start Quote

Holyrood has done more harm to Scots law than Westminster managed in over 300 years”

Alistair Bonnington

Former law professor, Glasgow University

"It is one of the main things which has made Scotland different. Indeed, without Scots law, the claim to have distinct nation status would be absurd."

He continued: "It is a paradox and a tragedy that since 1999 huge damage has been done to it by the Scottish Parliament.

"Sadly it is not going too far to say that Holyrood has done more harm to Scots law than Westminster managed in over 300 years."

He is particularly critical of MSPs passing legislation to make criminal offences which have been illegal under Common Law since the Middle Ages.

Examples are the recent enactment of sectarian aggravation of breach of the peace and anti-stalking legislation.

"The approach of the Scottish Parliament often seems to be to legislate in accordance with the agenda of tabloid newspapers," he said.

"This, instead of creating laws for public benefit."

Reform consultation

His criticisms have been supported by Anne Ritchie, vice-president of Glasgow Bar Association.

She said such legislation was passed in reaction to an event - but ultimately it was not satisfactory.

"In any crime, there are a number of people affected, including victims and their families," she said.

"Passing legislation afterwards, however well-meaning, doesn't affect their lives or undo the harm they have suffered."

In a statement, the Scottish government said it agreed law reform must be properly considered and researched.

"Reform of the law on double jeopardy followed a detailed assessment by the independent Scottish Law Commission and a government consultation exercise," the statement said.

"The principle against multiple trials has not been abolished. As in England and Wales and other jurisdictions, a limited exception has been created to allow a new trial only where new evidence with a significant impact emerges following the first trial."

chrome://newtabhttp//www.bbc.co.uk/news/uk-scotland-glasgow-west-19416261

[BawdeepLoyal 94]

"Why do you vote Labhour/SNP?"

"Cause ma faither voted fur them".

Left = Left behind.

[Non_Sucumbi 876]

"Why do you vote Labhour/SNP?"

"Cause ma faither voted fur them".

Left = Left behind.

Labour and SNP are just like the 'red shirts' & 'yellow shirts'.

They have the country carved up for their own agendas but have no common goal and no platform to help the people of Scotland nor the Scottish economy.

Sectarianism has been used as a 'red herring' to divert attention from the real issues plaguing the country. But it sounds good + sells newspapers yet in reality has little or no impact.

[Bad Robot 21,513]

iv got to agree that I think the accuseds history should be told prior to the trial as too many criminals are getting when durys are being duped into believing shady lawyers especially re sexual offences. But fat eck certainly pushed through these laws on paper headlines, racial abuse is ten times worse but that's not front page headlines, shocking politics.

[Bluepeter9 5,167]

Oh good - another thread with fk all to do with Rangers in the Bears Den - but while its here - the laws cited, in the main, only brought our law in line with 'English' law

[RyanMac 185]

Labour/SNP/Cons...just a different face to the business party.

[Bad Robot 21,513]

Oh good - another thread with fk all to do with Rangers in the Bears Den - but while its here - the laws cited, in the main, only brought our law in line with 'English' law

the law was already there, I think that was the point. Same as the phone law when driving, existing law already covered it but just wasn't used.

[1690 Posts 71]

What bizarre examples. Double jeopardy was ended in English and Welsh law in 2005 and Scots law in 2011. So Westminster has been doing more damage to England's laws for the last 300 years then?

And he argues that proposals to end the need for corroboration and also allow juries to be told the previous convictions of a person in the dock represent "the destruction of two of the gold standards of Scots criminal law".

I have to say I agree with both of those being changed. Too many scum bags get off with stuff when the authorities know they're career criminals.

The sectarian and online offences bill also brought Scotland into line with England so in every example this guy gave, England had changed the rules first. What a bum clown.

[1690 Posts 71]

the law was already there, I think that was the point. Same as the phone law when driving, existing law already covered it but just wasn't used.

Covered it in England but not Scotland. So the guys point is confused at best.

[thegummy 4,472]

Don't tar Labour with the brush of the Scottish nazis, they voted against the sectarianism bill but so many dafties around the country were duped by Herr Salmond's propaganda so the nazis have a majority government and forced it through.

Here is Labour's official stance on it:

http://www.scottishlabour.org.uk/kelly-urges-snp-to-ditch-fatally-flawed-sectarianism-bill--

And the reason I vote Labour is because their policies fit more closely with my own opinions than any of the other parties. Particularly their overall Neo-Keynesian fiscal policies.