I noticed a letter in the Financial Times, pointing out that they had in error stated that “Scotland has had a separate legal system and prison service since 1999”

In fact, as our correspondent points out “the Scottish legal system and prison service have never, before, during and after the 1707 Union, been other than ‘separate’ from those of England.” Quite so.

The conclusion drawn from this is that even without devolution the decision on whether to release Abdelbaset Ali Mohmed Al Meghrahi on compassionate grounds under the Prisoners and Criminal Proceedings (Scotland) Act 1993 would have been taken by the Secretary of State for Scotland and not by a UK Justice Minister or Home Secretary.

The letter’s author is one James McLean of Edinburgh. I wonder if he is any relation to James McLean, IT/IP expert and partner at Burness LLP?

Posted on Absolvitor.: Scots Law Online.