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Law review after World's End case Law review after World's End case
(about 18 hours later)
A wide-ranging legal review following the collapse of the World's End murder trial has been announced by ministers.A wide-ranging legal review following the collapse of the World's End murder trial has been announced by ministers.
The Scottish Law Commission will make recommendations in several areas, including the ban on suspects being tried twice for the same crime.The Scottish Law Commission will make recommendations in several areas, including the ban on suspects being tried twice for the same crime.
The body will also consider the law relating to judicial rulings which can end a case without a jury's verdict and the rights of appeal in such cases.The body will also consider the law relating to judicial rulings which can end a case without a jury's verdict and the rights of appeal in such cases.
The commission will make a series of reports to ministers on the findings.The commission will make a series of reports to ministers on the findings.
Earlier this year, judge Lord Clarke dismissed the case against convicted killer and rapist Angus Sinclair, who was accused of murdering two teenage girls 30 years ago, saying that the prosecution had insufficient evidence to proceed.Earlier this year, judge Lord Clarke dismissed the case against convicted killer and rapist Angus Sinclair, who was accused of murdering two teenage girls 30 years ago, saying that the prosecution had insufficient evidence to proceed.
Fairness for both the victim and the accused is at the heart of any good justice system. But so too is public confidence Kenny MacAskillJustice secretaryFairness for both the victim and the accused is at the heart of any good justice system. But so too is public confidence Kenny MacAskillJustice secretary
Sinclair, 62, denied killing 17-year-olds Christine Eadie and Helen Scott in what became known as the World's End case.Sinclair, 62, denied killing 17-year-olds Christine Eadie and Helen Scott in what became known as the World's End case.
The two girls were last seen in the World's End pub in Edinburgh and their bodies were found dumped in East Lothian.The two girls were last seen in the World's End pub in Edinburgh and their bodies were found dumped in East Lothian.
Following the collapse of the case, First Minister Alex Salmond promised a close look at aspects of the legal system, including the issue of double jeopardy, where an accused cannot be tried twice for a crime.Following the collapse of the case, First Minister Alex Salmond promised a close look at aspects of the legal system, including the issue of double jeopardy, where an accused cannot be tried twice for a crime.
Scotland's senior law officer, Lord Advocate Elish Angiolini, told parliament that she would support a change in the law to allow the Crown to appeal certain criminal cases if they had been thrown out of court. Scotland's senior law officer, Lord Advocate Elish Angiolini, told parliament that she would support a change in the law to allow the Crown to appeal against certain criminal cases if they had been thrown out of court.
Justice Secretary Kenny MacAskill said the commission's review would aim to ensure there was a balance between the rights of the accused and the ability of the Crown to prosecute in the public interest.Justice Secretary Kenny MacAskill said the commission's review would aim to ensure there was a balance between the rights of the accused and the ability of the Crown to prosecute in the public interest.
'Early opportunity'
It would also consider the admissibility of an accused's previous convictions or "bad character".It would also consider the admissibility of an accused's previous convictions or "bad character".
'Early opportunity'
Mr MacAskill said: "Fairness for both the victim and the accused is at the heart of any good justice system. But so too is public confidence.Mr MacAskill said: "Fairness for both the victim and the accused is at the heart of any good justice system. But so too is public confidence.
"Questions around Crown appeal rights, double jeopardy and previous convictions, though not new, were raised again after the trial for the World's End murders in September."Questions around Crown appeal rights, double jeopardy and previous convictions, though not new, were raised again after the trial for the World's End murders in September.
"Good government is about listening to those public and political concerns with a cool head.""Good government is about listening to those public and political concerns with a cool head."
Ministers hope to legislate on any changes surrounding judicial rulings and double jeopardy at an "early opportunity".Ministers hope to legislate on any changes surrounding judicial rulings and double jeopardy at an "early opportunity".
Tory justice spokesman Bill Aitken said Mr MacAskill was right to have referred the matters to the Scottish Law Commission.
Mr Aitken said: "It is in the interests of justice that we review the ability of the Crown to appeal where the judge upholds a no case to answer submission, as happened in the recent World's End murders trial."
But he said: "A person, no matter how depraved their past actions, must be convicted on the basis of evidence relating to the offence they are presently accused of. Otherwise, a myriad of contradictions and complexities arise."
Liberal Democrat justice spokesperson Margaret Smith welcomed the study, adding: "The complexity of the issues raised by this case and the far-reaching implications for our judicial process mean that a cool-headed, objective study is the best way to proceed."