The creation of a grand jury would be a novel concept for any jurisdiction in the United Kingdom, and it is not one that we should enter into lightly or unadvisedly.
I am particularly concerned about clause 27, which relates to the jurisdiction to try offences committed in the United Kingdom. In short, it allows a criminal offence committed in Scotland to be tried in England. I put it in those terms, and although it could operate the other way round, it is, however, virtually unthinkable that an offence committed in London would ever be tried in the High Court of Justiciary in Edinburgh. I ask myself why on earth the provision is necessary. The law already provides for cross-border elements to be taken into account, and that is often a feature of drug-trafficking cases. If an offence is mostly or wholly committed in Scotland, the case should be investigated and tried there. Anything less—and the clause represents a lot less—is an insult and disrespectful to Scots law.
Counter-Terrorism Bill
Proceeding contribution from
Alistair Carmichael
(Liberal Democrat)
in the House of Commons on Tuesday, 1 April 2008.
It occurred during Debate on bills on Counter-Terrorism Bill.
About this proceeding contribution
Reference
474 c711 Session
2007-08Chamber / Committee
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