Further to the Cadder V HMA decision, a further full review and potential changes are to be considered for Scots criminal law. This may lead to the revocation of certain current rights of suspected criminals which have stood for hundreds of years.
High Court of Justiciary Edinburgh
The review is being led by Lord Carloway. Hoping to trigger an “open discussion” of the relevant issues, a consultation has been released with the aim of exploring certain criminal law issues such as corroboration and whether they should remain part of criminal law in Scotland.
The consultation paper is seeking views on issues such as whether the requirement for corroboration – unique to Scots law – should remain. Lord Carloway stated that “The aim of the consultation is to stimulate open discussion of the issues raised, rather than to present draft recommendations for response.
“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 is needed are clear, effective, efficient and practical rules and procedures which all can understand and follow.”
The consultation is located at http://www.scotland.gov.uk/About/CarlowayReview/Consultationprocess with a deadline for responses of 3 June 2011. Many responses to the consultation are to be welcomed, not just from Scottish law firms, but also from members of the public as any changes made to the criminal system will affect society in Scotland as a whole. Indeed the changes which may be made in the next few years may be seen to be the equivalent of Lord Gill’s review of civil courts in Scotland.
For further information, get in touch with McSporran or Beltrami.
