Carloway Review Report published

A package of proposals to overhaul Scots criminal law has been unveiled 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.

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."

Key recommendations of the Report 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 full report can be accessed here (414-page PDF).