Major changes not needed, says judge
17 Sep 07
Lord Coulsfield doubts benefit of reforms proposed in wake of "World's End" trial
The retired High Court judge Lord Coulsfield has criticised proposed changes to the rules governing criminal trials in the wake of the collapse of the "World's End" trial.
Following last week's ruling of no case to answer against Angus Sinclair in relation to the two murders in what was known as the "World's End" public house case, Justice Secretary Kenny MacAskill said he would consider reforms including a Crown right to appeal against a decision to uphold a "no case" submission, allowing juries to be told of an accused's previous conivctions in certain cases, and removing the double jeopardy rule in order to permit a further trial following an acquittal if new evidence emerges.
While he had no problem with introducing a Crown right of appeal, Lord Coulsfield said that previous convictions could be introduced at present if defence lawyers attacked the character of Crown witnesses. The present rules, if properly interpreted, covered the situation adequately, and an extension of the type proposed would cause "considerable difficulties".
He also expressed the view that the case raised no issue about the fundamental principles behind the double jeopardy rule, "one of the pillars of the Scottish legal system".
Lord Coulsfield, the author of a report published last week on the disclosure of Crown evidence, was speaking during a BBC interview.