Shaun’s family win new law to prevent PM hell
Top prosecutor orders rule change after grieving family’s campaign
Victory for the family of Shaun Woodburn, who were backed by the Record, as Lord Advocate confirms new rules will halt multiple post-mortems on victims.
The ‘system’ have listened and we’ve got this landmark change in Shaun’s name
SHAUN’S LAW is now reality. Multiple post mortems on victims of crime will no longer be standard under new protocols rubber-stamped by legal chiefs.
The ruling was inspired by young dad Shaun Woodburn.
His family campaigned for changes to victim’s rights after he was killed by a teenage thug in January 2017.
Earlier this year, the Record revealed a review was taking place after his dad Kevin met First Minister Nicola Sturgeon and the then justice secretary Michael Matheson.
Now Lord Advocate James Wolffe has issued a new Code of Practice for forensic pathologists that rules examinations for the defence should only be allowed if absolutely necessary.
The top prosecutor hopes this will mean families are reunited with loved ones much sooner and avoid the trauma of waiting until multiple exams are carried out.
Former footballer Shaun was fatally injured early on New Year’s Day, 2017. He was attacked on an Edinburgh street by a gang who had also targeted other strangers across the city.
Dad Kevin later blasted “medieval” post-mortem rules that saw his son “cut open again” and pledged to campaign for a change
In a letter to Lothians MSP Kezia Dugdale, Lord Wolffe wrote: ‘“The review recognised the right of accused persons to examine and test the evidence.
“However, the review also recognised that in all but exceptional cases, a second invasive post mortem examination of the deceased’s body may be of limited evidential value.”
He noted in future post-mortem findings “may be properly tested and challenged through a defence pathologist’s expert examination of the post mortem findings... without a second invasive” post mortem.
Last night Kevin, who is due to meet Justice Secretary Humza Yousaf today, said: “I would like to thank the Lord Advocate for making this announcement and for everyone involved behind the scenes. “I must also thank Kezia Dugdale and the Daily Record, who with their tenacity and support, have helped us get to this point. “The ‘system’ have listened and we have been able to get this landmark change in Shaun’s name. “We started down this road after finding out at the mortuary three days after Shaun was killed that the defendants have the automatic right to further post mortems. “I described it at the time as barbaric and medieval in a meeting with Nicola Sturgeon and she agreed we have to do better.
“I am glad to see that now common sense has prevailed and that we have Shaun’s Law confirmed.”
Dugdale said: “This landmark protocol to limit multiple postmortems marks the introduction of Shaun’s Law, and is testament to the inspirational campaigning of Shaun’s family.
“I pay tribute to the Woodburn’s determination to ensure no other family has to suffer like they did.
“There are still major reforms required for our justice system and – together with Kevin – I will continue to press the government to introduce a victims’ commissioner for Scotland.”
Earlier this week, we revealed Kevin has launched a website to campaign for the rights of victims’ families.