Tuesday, 2 March 2021

Proper Administration?

There are features of Scots Law that ought to be adopted elsewhere, such as the requirement of corroboration of evidence.

But imagine that Keir Starmer had already been in the Cabinet, as Director of Public Prosecutions. Imagine that the present DPP were to appear before a parliamentary committee and begin with a threat to bring contempt of court proceedings against any member who asked him an impertinent question.

Imagine that he were to tell it that he did not know whether or not it was a criminal offence to refuse to comply with a search warrant. And imagine that the Police had failed to arrest people who had been credibly accused of such refusal, or of anything like the Daily Record leak, because they could not expect a member of the Cabinet to authorise a prosecution.

The position of Lord Advocate belongs to a medieval oligarchy, not to a modern polity. The title should be retained for one or other of the successor offices, which should be utterly separate from each other.

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