Scottish Parliament and Human Rights Routes
Parliamentary and human rights mechanisms for people with concerns about the justice system
For people who have exhausted the formal legal routes and who have broader concerns about how the justice system has operated in their case or in general, parliamentary and human rights mechanisms offer additional avenues.
Parliamentary routes
Every person in Scotland is represented by Members of the Scottish Parliament. An MSP can raise concerns about the operation of the justice system, ask parliamentary questions, and in some cases assist constituents in accessing information or support. MSPs cannot intervene in live legal proceedings but they can raise systemic concerns and assist with access to information. The Scottish Parliament website allows you to find your MSP by postcode.
The Public Petitions Committee of the Scottish Parliament considers petitions from members of the public on matters within the Scottish Parliament's competence. Where there are concerns about the operation of the justice system that raise issues of broader public importance a petition to the committee is one avenue for raising them.
www.parliament.scot — Citizen Participation and Public Petitions Committee
Human rights routes
The Scottish Human Rights Commission is the independent national human rights institution for Scotland. It does not handle individual complaints but it provides advice and information about human rights in Scotland and can engage with systemic concerns about how public bodies are operating.
Where domestic remedies have been exhausted and a violation of Convention rights is alleged it may be possible to bring a case before the European Court of Human Rights in Strasbourg. This is a complex and demanding process with strict admissibility requirements and time limits. Legal advice from a solicitor with experience in Convention rights litigation is essential before contemplating this route.
Legal advice from a solicitor with experience in Convention rights litigation is essential before contemplating this route.
Freedom of Information
Freedom of Information requests can be a powerful tool for obtaining information about how public bodies in the criminal justice system have operated. The Scottish Information Commissioner's office provides guidance on how to make FOI requests to Scottish public authorities.
Provides guidance on how to make FOI requests to Scottish public authorities and handles complaints where requests have been refused or inadequately responded to.
Accused.scot has used FOI requests extensively in its own analytical work and the material obtained through that process is available in the Key Documents and FOI Material section of this site.
Next in this section
In-depth analysis of cases, legislation, and procedural issues in Scottish criminal justice.
Pages in this section
Important
MSPs and live proceedings
MSPs cannot intervene in live legal proceedings. Their role is to raise systemic concerns and assist with access to information not to influence the outcome of a case before the courts.
ECHR time limits
Applications to the European Court of Human Rights must generally be made within four months of the final domestic decision. Missing this deadline is fatal to the application. Take legal advice without delay if this route is being considered.