OPEN LETTER: A Formal Demand for Judicial and Ministerial Integrity
This correspondence constitutes an Open Letter formally calling for an investigation into the Justice Secretary’s conduct under the Scottish Ministerial Code following unrecorded private communications with Professor Alexis Jay.
Furthermore, in light of the UK Supreme Court’s ruling in Daly & Keir v HMA, we demand an immediate audit and pause of the Victims, Witnesses, and Justice Reform (Scotland) Bill to protect the right to a fair trial.
We request a formal response detailing whether a referral to the Independent Advisers will be made to maintain public confidence in the rule of law.
This email was sent as an open letter to the First Minister and other addressees. It is now published here for public record.
First Minister,
We are writing on behalf of Accused.Scot and the many citizens concerned about declining public confidence in Scotland’s rule of law, and in the integrity standards expected of those who lead the justice system.
The judicial warning
On 12 November 2025, the UK Supreme Court issued a systemic warning in the conjoined cases of Daly v HM Advocate and Keir v HM Advocate (2025 – UKSC 38). The Court addressed the risk of evidential approaches becoming so restrictive that they undermine the right to a fair trial, and stated:
“No society governed in accordance with the rule of law can tolerate the conviction and punishment of the innocent.”
The ministerial parallel
In parallel, the Scottish Government’s Justice Secretary has faced serious criticism over remarks made in Parliament concerning the views of Professor Alexis Jay in the context of calls for a grooming gangs inquiry and over the length of time before any attempted clarification.
The public concern is straightforward: if the justice system is being told to stop “shaping” the truth through overly restrictive practice, ministerial leadership must also meet the highest standards of accuracy, candour, and transparency.
The Ministerial Code issue
Recent reporting indicates the Justice Secretary made a private apology call to Professor Jay without a Scottish Government official present.
Regardless of intent, that raises an obvious Ministerial Code question, because the Code emphasises the need for officials to be present for discussions that relate to government business, and for proper records to be maintained.
Our demand
The Supreme Court’s warning requires a serious, credible response. That is not achievable while the political leadership of justice remains under a cloud of unresolved integrity concerns.
We therefore call on you to:
- Refer the Justice Secretary to the Independent Advisers on the Scottish Ministerial Code immediately, for a full investigation.
- Pause the further implementation and commencement of provisions in the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 until it can be audited against the implications of the Supreme Court’s ruling in Daly and Keir.
Fairness is not a partisan interest. It is a constitutional requirement.
Yours sincerely,
The Accused.Scot Team