Independent Scotland could make own choices on drug law says new white paper

Gabriel McKay
Thu, 25 April 2024 

Independent Scotland could make own choices on drug law says new white paper


The Scottish Government’s latest independence paper says Scotland could take its own decisions on issues such as gambling and drug prohibition if it was to leave the UK.

The 13th paper in the Building a New Scotland series focuses on justice, setting out how the legal system would work post-independence.

Substantial parts of Scotland’s justice system are currently within the powers of Holyrood, but some key areas – including drug policy – remain reserved to Westminster.


Other examples include laws around firearms and gambling.

Read More:

Humza Yousaf facing no confidence vote next week after deal with Greens ends


Humza Yousaf hails 'new beginning' as he ends pact with Greens


Andy Maciver: Yousaf must now be bold and bring back Forbes

The paper says Scotland’s independent judiciary and the role of the Lord Advocate would continue after independence.

The Court of Session (for civil matters) and the High Court of Justiciary (for criminal matters) would continue as the most senior courts in Scotland and collectively would become the Supreme Court of Scotland.

Publishing the paper on Thursday, Justice Secretary Angela Constance said: “There is more we could do with independence”.

She said: “Scotland’s police and prosecutors would regain access to tools to pursue criminals across borders which were lost following Brexit, such as the Schengen Information System and the European Arrest Warrant.

“These are essential to combatting sophisticated criminal networks and helping victims get justice even where a perpetrator resides outwith Scotland.

“With the power to take our own decisions, we could also enhance and further embed our public health approach to justice issues, extending this to addiction such as drugs and gambling.

“This would enable future governments to consider measures that would better address the specific needs and circumstances of people in our communities, such as safer drug consumption facilities, raising the legal age of gambling, and strengthened firearm licensing.”

She said independence could lead to “a more effective approach to improving justice outcomes, reducing burdens on the justice system and further reducing the number of victims of crime”.

New Scottish independence white paper to be published

Xander Elliards
Wed, 24 April 2024 

First Minister Humza Yousaf and Justice Secretary Angela Constance photographed at Holyrood (Image: PA)

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.

READ MORE: Where is justice for women in Scotland in 2024?

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.