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							NEWS RELEASE.
Embargo: Not for use before 10.00 on Thursday 17 November 2011


Creating a Fair Justice System for the 21st Century
Landmark Carloway Review recommends far-reaching changes to criminal justice system in
Scotland


A package of proposals to overhaul Scots criminal law is being unveiled today following a
year-long independent review by the High Court Judge, Lord Carloway.


The Carloway Review was commissioned last year by Justice Secretary Kenny MacAskill.
Lord Carloway’s Report follows an extensive research and consultation process, supported
by a full time team and assisted by a Reference Group of practitioners and experts in the
field of criminal law.


The outcome is a thorough and meticulous Report which sets out a powerful case for radical
and substantial changes to the system, and details 76 recommendations to put these into
practice. In his statement launching the report, Lord Carloway says:


        “The task facing the Review was to identify how criminal law and practice in
        Scotland, from the moment a suspect is identified right through to the consideration
        of any appeal and beyond, should be re-cast to meet the challenges and
        expectations of modern society and legal thinking.


        “The Report recognizes that it is not starting from a blank sheet of paper. It cannot
        effect total reconstruction, riding roughshod over sound existing traditions.    The
        recommendations therefore seek to mould new elements and new thinking with
        existing practices in order to create a more robust, revitalised and modern system.
        In particular, they seek to re-structure and reinforce the system’s foundations by
        instilling a human rights approach in larger measure and at greater depth.   The aim
        is a system that not only surpasses minimum requirements today, but also stands up
        to developments for the foreseeable future.”


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Under the changes recommended by Lord Carloway, the revised criminal justice system will
start from a simplified, unitary system of arrest, on reasonable grounds for suspicion, and
detention. An arrest will trigger a set of rights for the suspect securing access to a lawyer,
with particular protections for child suspects and vulnerable adults, to ensure that any
proceedings against the suspect constitute a fair trial. It will also entail a system in which a
suspect being charged should be brought before the court within 36 hours of arrest.
Alongside this the police will have greater powers to conduct a structured investigation, with
the ability to liberate a suspect on condition they return for later questioning, with other
unnecessary constraints on questioning removed, subject to the supervision of the courts.
This will give the police time to pursue further investigations other evidence such as phone
records or DNA evidence.


Similarly, there will be a less rule-bound approach to the evidence gathered. Judges and
juries should assess the quality and relevancy of evidence, free of the current restrictive
rules and principles, such as the general requirement for corroboration, that belong to an
earlier age and, as research has indicated, may now operate as an impediment to justice.
And if a judicial decision at first instance is to be challenged, there will be a single,
streamlined and well-regulated appeal process to follow, rather than the various and archaic
procedures currently in place. The Scottish Criminal Cases Review Commission will be
reinforced as the final safeguard against miscarriages of justice.


Lord Carloway has acknowledged the potential impact the Report may have, saying


       “I do not underestimate the size of the steps I am recommending. However, I hope
       and trust that this Report will make a significant contribution to the development of a
       modern, fair, effective and distinctly Scottish criminal justice system for the future.”




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Notes to Editors


1. Lord Carloway’s Report, an Executive Summary and his speech at the launch can be
   accessed through the following link: www.carlowayreview.org from 10am, Thursday 17
   November.


2. The Review of Scottish Law and Practice was requested by Scottish Justice Secretary
   Kenny MacAskill in October 2010, following the UK Supreme Court’s decision to uphold
   an appeal by Peter Cadder, which ruled that police could not question a suspect without
   offering him or her access to a solicitor first. Lord Carloway was nominated to conduct
   the Review by the Lord President of the Court of Session, Lord Hamilton.


3. The Review held 77 meetings; undertook three visits to see the current Scottish system
   in practice; addressed/attended five conferences/seminars; carried out a public
   consultation that received 50 responses; held five road shows; commissioned a formal
   research project from COPFS; and undertook a detailed investigation into the law and
   practice of 16 jurisdictions across the world that involved visiting England & Wales and
   the Republic of Ireland, and speaking to experts/practitioners from jurisdictions including
   Canada, New Zealand, Sweden and Germany.


4. Lord Carloway commissioned research from the Crown Office and Procurator Fiscal
   Service (COPFS) into a series of cases that were not taken to trial on the basis of
   insufficient evidence entitled “The Impact of Corroboration on Prosecution”. The analysis
   of this research is Annex A of the Report.


5. For further information, contact Pagoda PR on 0131 556 0770




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