THE Scottish Government will publish the thirteenth white paper in its series laying out the case for an independent Scotland on Thursday.
Justice Secretary Angela Constance will spearhead the publication of the paper, which is to focus on policy proposals for the justice system in Scotland after a Yes vote.
Scotland’s justice system predates the 1707 Act of Union, and explicit protections for bodies such as the Scottish Court of Session are written into it.
Justice is largely devolved to the Holyrood parliament although key areas – such as drugs law – remain under Westminster’s control.
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The new white paper is expected to outline what changes could be made to the justice system with the full powers of independence, such as areas which are wholly or partially reserved to Westminster – such as drug law reform, gambling, and tribunals.
The paper, Justice in an Independent Scotland, is also expected to cover how Scotland would play a role in cross-border justice issues including counter-terrorism, cybercrime, and serious organised crime after independence and after rejoining the European Union.
Commenting ahead of publication, Constance said: “This next paper in the Building a New Scotland series will set out how independence would enable us to take more focused and creative action to address some of the most challenging justice issues facing our society.
“With the power to take our own decisions in currently reserved areas such as drugs and gambling, we could shift the focus to prevention, early intervention and rehabilitation, in keeping with our person-centred approach to justice.”
The Justice Secretary went on: “Independence would enable Scotland to represent itself on the international stage with a seat at the table at the Council of Europe, United Nations and Interpol.
“This paper will also set out how an independent Scotland could be an open, engaged and positive international justice partner, with regained access to cross-border tools like the Schengen Information System and the European Arrest Warrant, which were lost following Brexit.
“Scotland has long had its own legal and justice system. We have many strengths and successes to build on and I look forward to setting out how independence would enable us to take the decisions required to deliver fair and effective justice in an independent Scotland.”
The previous white paper in the Scottish Government's series focused on education after independence.
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