The consultation formed part of the review process and posed questions about core elements of the system as it currently stands. It sought views on, among other things, whether the current system of detention and arrest could be replaced, the arrangements for suspects to be given legal advice, the powers and rules for police questioning and whether the requirement for corroboration should continue.
The consultation also picked up on some of the issues debated when the emergency legislation was passed, including the role of the Scottish Criminal Cases Review Commission.
Lord Carloway made a press statement at the time of the launch. His statement can be viewed here.
The consultation document is available to download here:
PDF version
Word version
Web version
Consutlation responses
The consultation process also included a series of focused meetings with practitioners and experts.
Roadshows
As part of the consultation process the Review held roadshows in Aberdeen, Edinburgh, Glasgow and Inverness, attended by a wide range of those with an interest including solicitors, police, procurators fiscal, victim support groups, sheriffs, academics and representatives from other bodies.
Discussions at the roadshows were centred around four main topics: Police Custody, the Form of Legal Advice, Corroboration and Adverse Inference. Given below are the consolidated notes of the comments made on each topic at the four roadshows. These comments are not attributed either to the person making them or to the roadshow at which they were made - in many cases, a single entry represents the same or similar points made at more than one roadshow.
Police Custody
Form of Legal Advice
Corroboration
Adverse Inference
Also attached below is a paper from which Lord Carloway drew his opening address to each of the four roadshows.
Lord Carloway's Address to Roadshows
The Review also held a workshop covering Appeals and SCCRC and a note of comments made at this event can be viewed below.
Appeals and SCCRC