This paper, the thirteenth in the ‘Building a New Scotland’ series, sets out the Scottish Government’s proposals for justice in an independent Scotland.
This paper focuses on Scotland’s justice system, which is already largely devolved, and sets out the benefits that the full powers of independence could bring. Scotland’s distinctiveness as a legal jurisdiction long pre-dates devolution and was preserved in the Acts of Union 1707. The justice system already has its own independent judiciary, courts, prosecution service, tribunals,and other justice agencies, as well as its own legal profession. In addition there are also separate prison, police, and fire and rescue services.
Independence would mean that Scotland could take all the decisions in justice areas that are currently reserved and that policy and operational decisions were all located within Scotland. This would create opportunities for more focused and creative action on some of the most challenging issues facing our society such as drugs, gambling, and organised crime, with decisions attuned to Scotland’s specific circumstances and needs.
An independent Scotland would also be an open, engaged and positive international partner able to play a key role in justice issues across borders. Through cooperation with our
international partners, an independent Scotland would advance our shared objectives, playing our full part in addressing global challenges particularly around counter-terrorism, cyber crime and serious organised crime.
In this paper, part of the ‘Building a New Scotland’ series, the Scottish Government outlines what independence would mean for our justice system. It would allow us to build on the current
policies and institutions that deliver effective justice in Scotland. It would allow us to play our role internationally by working with partners from across nations to develop the capability to combat threats from terrorism, cyber attacks, and serious organised crime. And, it would allow us to extend our public health approach into currently reserved areas like drug policy reform.
What our proposals mean for Scotland
An independent Scotland would continue our long tradition of delivering effective justice – a reputation of which we are rightly proud – as set out in the Vision for Justice in Scotland.[1] Independence would mean we are able to take all the decisions required to provide a just, safe, resilient Scotland for all our communities and that currently reserved policy and operational decisions are all taken within Scotland. This would create opportunities for more focused and creative action on some of the most challenging issues facing our society such as drugs,[2] gambling,[3] and organised crime,[4] with decisions attuned to Scotland’s specific circumstances and needs.