Major reforms to criminal justice system

The Scottish Government has published a consultation on plans to overhaul Scotland's system for the investigation and prosecution of crime. Proposals include the removal of the requirement for corroboration and reform of arrest and detention.

The proposed reforms follow a recent UK Supreme Court ruling and a review of the criminal justice system, carried out last year by Lord Carloway. The Scottish Government has already indicated that it will accept many of Lord Carloway’s recommendations. These included:

• The right to legal advice when taken into custody
• Limiting the period of arrest before charge to 12 hours
• Particular protection and rights for children and vulnerable adults
• Greater flexibility for police in conducting investigations whilst ensuring fairness for suspects
• Less restrictive rules around evidence and a removal of the need for corroboration
• Adjustments to the relationship between the Scottish Criminal Cases Review Commission (SCCRC) and the High Court

"Lord Carloway's report provides a clear and coherent package of reforms to modernise the Scottish Criminal Justice System,” said Justice Secretary Kenny MacAskill. “Some of his proposals, such as the removal of the requirement for corroboration, are monumental and will overhaul many years of legal practice.”