A major review of the Scottish criminal justice system has recently been published. The review considers the future of Scots law and practice following the UK Supreme Court's Cadder ruling last year, and the impact of recent legislation on criminal procedure.
Justice Secretary, Kenny MacAskill welcomed the report by High Court Judge Lord Carloway which sets the scene for meaningful reform of the criminal justice system.
Key recommendations include:
- The right to legal advice when taken into custody.
- Limit the period of arrest before charge to 12 hours.
- Particular protection and rights for children and vulnerable adults.
- Greater powers for police to conduct structured investigations.
- Less restrictive rules around evidence and a removal of the need for corroboration.
- Adjustments to the relationship between the Scottish Criminal Cases Review Commission and the High Court.
The Review started in November 2010 as a part of the Government's response to the Cadder decision on the right of suspects to receive advice from a lawyer before police questioning. Lord Carloway's consultation ran 8th April - 3rd June 2011.