Angus Sinclair: Cleared in World's End murder case. Pic: © STV
Laws that prevent a person being tried twice for the same crime are set to be reformed.
The so-called "double jeopardy" law was introduced more than 800 years ago, but the Scottish Government is to hold a consultation on whether retrials should be permitted if new evidence comes to light.
It will also consider the possibility of retrials in cases that were tainted by corruption or threats, or where the accused admits the offence after being acquitted.
Justice Secretary Kenny MacAskill, who unveiled the plans, said: "In this day and age, it should not be possible to walk free from court and subsequently boast with impunity about your guilt.
"If new evidence emerges which shows the original ruling was fundamentally flawed, it should be possible to have a second trial. And trials which are tainted by threats or corruption should be rerun. Prosecutors should not have their hands tied if there is new evidence or if someone admits to carrying out an offence years down the line.
Mr MacAskill, who said the Scottish Government wanted to change the law as soon as possible, also said the change should apply to existing cases. "I believe any future changes should also be retrospective so that they extend to old cases," he said.
The consultation will seek the views of victims' families and the legal profession among other parties.
The case of the unsolved World's End murders is frequently highlighted as showing the need for a law change. Three years ago, convicted double killer Angus Sinclair was cleared of raping and murdering Christine Eadie and Helen Scott in Edinburgh in 1977. The charges were thrown out after the judge upheld a defence argument of insufficient evidence.
The double jeopardy law was abolished in England and Wales five years ago and Mr MacAskill indicated at the end of last year that the law needed to be overhauled in response to recommendations by the Scottish Law Commission that it be clarified.
The move was supported by Scottish Labour, with the party's justice spokesman Richard Baker saying they had been calling for reform "for some time".
"The justice system needs to be rebalanced to take more account of the needs of victims of crime," he said. "We will scrutinise the detail of the Scottish Government's proposals, but the experience of the reforms in England and Wales suggest that reforming the law in this area is a fair and proportionate measure."

























