Scottish Parliament rushes through Cadder legislation

Emergency legislation to give suspects the automatic right of access to a lawyer was introduced in the Scottish Parliament today.

MSPs agreed to rush through the changes following a ruling that the Scottish system allowing people to be held for six hours without access breached the European Convention on Human Rights (ECHR).

Justice Secretary Kenny MacAskill told Holyrood the law change was necessary but raised concerns about the implications for Scotland.

The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Bill will extend the existing maximum six-hour period for detention to 12 hours - with the possibility of extension to 24 hours.

The changes, which are expected to gain Royal Assent by the end of the week, are also expected to see the legal aid bill increase by up to 4 million.

The afternoon session was prompted after an appeal brought by Peter Cadder, who was convicted at Glasgow Sheriff Court of two assaults and breach of the peace using interview evidence.

The Scottish Government said up to 3,400 cases could be affected by the judgment of the UK's Supreme Court.

Mr MacAskill outlined the Bill's aims, but added: "It is worth noting at this point that the idiosyncrasies of the Scotland Act mean that Scotland is uniquely susceptible to the effect of ECHR challenges in criminal cases.

"Normally in criminal matters the Scottish court of appeal has the final say, but this route of raising devolution issues is undermining their final authority.

"I will be making clear to the UK Government our view that the centuries old supremacy of the High Court as the final court of appeal in criminal matters must be restored."

He faced repeated questions from Liberal Democrats about the speed of the Bill and the implications extended detention times will have for human rights.

Mr MacAskill said "appropriate safeguards" will be in place, but that advice had been given to extend the time.

He said: "The six-hour maximum has been in place since 1980. Advice from Acpos (Association of Chief Police Officers in Scotland), the Scottish Police Services Authority and the Crown is that the establishment of an automatic right to consult with a solicitor places intolerable strain upon the six-hour limit.

"We believe that an immediate extension of the limit to 12 hours - with the possibility of extension to 24 hours - is essential to maintain the effectiveness of police investigations. It will also assist with the practicalities of giving access, particularly in remote and rural locations.

"An extension to 24 hours will only happen in exceptional cases and only when a senior police officer confirms that it is needed. Justice requires checks and balances."

The Scottish situation is different to that in England and Wales, where an accused person has a legal right to a lawyer.

Mr MacAskill has also announced that Lord Carloway, a senior High Court judge, will carry out a review of Scottish criminal law and practice in the aftermath of Monday's decision.