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Issued on behalf of Lord Carloway

A consultation paper on reforming parts of the criminal justice system in Scotland was yesterday launched by Lord Carloway.

The High Court Judge was commissioned to conduct a review by Cabinet Secretary for Justice Kenny MacAskill after the UK Supreme Court's judgement in Cadder v HMA in October 2010.

This review covers the law and practice relating to the detention and questioning of suspects, their access to legal advice and how to ensure that the police, legal professions and courts can operate effectively and in a way that safeguards the rights of all involved.

The consultation poses questions about core elements of the system as it currently stands. It seeks views on, among other things, whether the current system of detention and arrest could be replaced, the arrangements for suspects to be given legal advice, the powers and rules for police questioning and whether the requirement for corroboration should continue.

The consultation also picks up on some of the issues debated when the emergency legislation was passed, including the role of the Scottish Criminal Cases Review Commission.

Launching the paper, Lord Carloway said:

"The aim of the consultation is to stimulate open discussion of the issues raised, rather than to present draft recommendations for response.

"I expect that there will be special attention on some topics in particular, the requirement for corroboration and whether there should be any inference from a suspect's silence in answer to questioning. But it is important to consider the functioning of the system as a whole.

"I am determined that my recommendations will be practical as well as compliant with the requirements of the European Convention on Human Rights and the needs of justice more generally.

"What are needed are clear, effective, efficient and practical rules and procedures which all can understand and follow.

"This review offers a real opportunity to make a major contribution to the further development of a fair and effective criminal justice system and I encourage everyone with an interest to take part."

The Review covers the rules governing the detention, questioning and arrest of suspects by the police, rules of evidence and the arrangements for appeals to the High Court. The Terms of Reference for the review which Lord Carloway agreed with the Cabinet Secretary for Justice are given below. The consultation will be sent to a wide range of legal practitioners, the police, victims' groups, academics, human rights interests and the political parties. There is, of course, a wide interest in criminal justice matters, and contributions from the general public are welcome.

Lord Carloway and the Review Team are being assisted by a Reference Group of practitioners and other leading figures in this field.

The consultation period will end on Friday June 3 and will help Lord Carloway prepare a report with recommendations for publication in the Autumn.

As part of the process the Review will be holding four workshops in Aberdeen, Edinburgh, Glasgow and Inverness during May, primarily targeted at practitioners in the field. Further information on these is available on the website or from the Review Team at carlowayreview@scotland.gsi.gov.uk. Applications to attend these workshops must be made in advance.

Carloway Review - Terms of Reference

(a) To review the law and practice of questioning suspects in a criminal investigation in Scotland in light of recent decisions by the UK Supreme Court and the European Court of Human Rights, and with reference to law and practice in other jurisdictions;

(b) To consider the implications of the recent decisions, in particular the legal advice prior to and during police questioning, and other developments in the operation of detention of suspects since it was introduced in Scotland in 1980 on the effective investigation and prosecution of crime;

(c) To consider the criminal law of evidence, insofar as there are implications arising from (b) above, in particular the requirement for corroboration and the suspect's right to silence;

(d) To consider the extent to which issues raised during the passage of the Criminal Procedure (Legal Assistance, Detention and Appeals)(Scotland Act) 2010 may need further consideration, and the extent to which the provisions of the Act may need amendment or replacement; and

(e) To make recommendations for further changes to the law and to identify where further guidance is needed, recognising the rights of the suspect, the rights of victims and witnesses and the wider interests of justice while maintaining an efficient and effective system for the investigation and prosecution of crime.

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