Following on from the Cadder V HMA decision, for which see our Cadder blog post from earlier this year, 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.
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 outcome of the consultation could mean serious changes to the practice of criminal law in Scotland, so watch this space and get in touch if you have any specific queries regarding the proposed changes.
The consultation is located at http://www.scotland.gov.uk/About/CarlowayReview/Consultationprocess with a deadline for responses of 3 June 2011.
The Lord Advocate is to refer five cases to the UK Supreme Court for a further ruling as to the scope of the Cadder v HMA decision which was handed down by last October by the Supreme Court. Contact expert criminal defence solicitors in Edinburgh on 0131 557 9151.
New clauses have been added to the latest draft of the Scotland Bill which may permit Scottish criminal appeals to be heard in the UK Supreme Court. Contact 0131 557 9151 for a free initial criminal law consultation.
New figures show that there has been a significant increase in recent years in the number of women in Scottish prisons. Contact McSporrans criminal lawyers for a free initial consultation on 0131 557 9151.
Drink driving case clarifies the scope of Cadder. Contact 0131 557 9151 for a free initial criminal law consultation.
On 22 March 2011, the Double Jeopardy (Scotland) Bill passed its third and final stage through the Scottish Parliament. Contact McSporrans criminal lawyers for a free initial consultation on 0131 557 9151.
A new partnership has been set up to try to prevent crimes against animals in Fife in Scotland. Contact McSporrans today on 0131 225 8813 for free initial advice.
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