Judge says time has come for death penalty

deterrent against the recent upsurge of murders.

Lord Ross, the Lord Justice Clerk, spoke in defence of bringing back

capital punishment for ''certain murders''.

When interviewed on Scottish Television, he did not specify which kind

would fall into this category. But some hours later he defined a small

list.

Lord Ross admitted that, being realistic, he saw no prospect of any

action taking place in this country, despite the sharp rise in murders

in Strathclyde alone this year to more than 65 in the first six months.

Furthermore, he conceded that his forthright views on the subject were

in a minority within the current Scottish legal system, and differed

greatly from those expressed by the majority of other Judges.

At his home in Edinburgh last night, Lord Ross defended his decision

to speak out in favour of the death penalty. The public had a

''legitimate interest'' in the subject.

He told The Herald that he believed that capital punishment could be

satisfactorily introduced for a ''small category of murders'', namely

the killing of a policeman, a prison officer, acts of terrorism, and

possibly for multiple killings such as those of the Yorkshire Ripper.

However, the Lord Justice Clerk emphasised that he accepted that it

was ''not realistic'' to expect its reintroduction in the wake of the

recent miscarriages of justices experienced in the English law courts.

Nevertheless, while he recognised such instances, describing them as

''exceptional cases'', the Judge told The Herald that ''there was not a

doubt in every murder case''.

Lord Ross maintained that his comments on such a controversial matter

were of a personal nature, and not the official view of the judiciary.

The comments made by Lord Ross, widely regarded as one of the

country's leading Judges with more than 15 years' experience on the

bench, found little support elsewhere.

After the television interview Mr Menzies Campbell, QC, the Liberal

Democrats' legal affairs spokesman in Scotland, voiced his total

opposition to the reintroduction of hanging, particularly as any

injustice could not be remedied.

He commented: ''I have very considerable respect for Lord Ross, with

whom I used to work closely when he was at the Bar, but I totally

disagree with the suggestion that there are any circumstances which

justify the death penalty.

''Recent events in English courts show just how dangerous the

reintroduction of hanging could be. Any injustice could never be

remedied.''

During the television interview, Lord Ross warned that the recent

upsurge in the numbers of serious crimes and assaults being committed

within our towns and cities was placing a ''great strain'' on the

Scottish legal system.

His backing of the death penalty, Lord Ross continued, was based on

the opinion that dire punishment would act as a deterrent. ''One would

think that, if someone knew he was liable to be executed if his crime

was detected, he might at least pause or hesitate before taking the

extreme step of killing someone.''

The Judge explained that the judicial system in Scotland was only

barely able to meet the current demands being placed on it through the

use of temporary and retired Judges.

Despite recent Government help and the recruitment of an additional

Judge to the bench, Lord Ross commented: ''We are able to cope at the

moment with the greatest difficulty, but we are undeniably going to need

additional resources if matters continue as they are.''

He spoke also of his concern at the substantial part played in the

majority of crimes by alcohol and drugs. ''I have been a Judge for 15

years and it is difficult to recall any case of serious assault where

alcohol has not featured,'' Lord Ross said.

While the capital punishment call might find favour with many of

Scotland's rank and file police officers, their official spokesmen have

tended to distance themselves from the restoration argument.

At recent conferences of both the Scottish Police Federation and

Superintendents' Association, the calls have become more muted because

there appears to be an acceptance that Parliament will never allow

restoration of the death penalty under a free vote and that other

measures must be pursued.

One of Scotland's leading criminal lawyers, Mr Joe Beltrami, voiced

his opposition to the introduction of the death penalty and dismissed

the argument by Lord Ross that it would act as a deterrent.

Mr Beltrami has defended 12 capital murder charges during his career.

He said: ''I feel that its introduction would result in a greater

number of incidents of acquittal. The chances are that a jury will not

convict because of the drastic consequences, and the incidents of

acquittal would be increased if the death penalty was in place.

Lord Hope, the Lord President, was out of the country and unavailable

for comment.