Lord Carloway was nominated on October 26, 2010 by the Lord President to lead a review of the law and practice in light of the United Kingdom Supreme Court's decision in the case of Cadder v HM Advocate and the subsequent passage of the Criminal Procedure (Legal Assistance, Detention and Appeals)(Scotland) Act 2010.
The Review carried out a public consultation from April to June 2011. The consultation document, notes of consultation events the Review held and consultation reponses can be found on the Consultation Process page.
Appended below are the Terms of Reference for the Review which Lord Carloway agreed with the Cabinet Secretary for Justice, Kenny MacAskill MSP.
Terms of Reference
(a) To review the law and practice of questioning suspects in a criminal investigation in Scotland in light of recent decisions by the UK Supreme Court and the European Court of Human Rights, and with reference to law and practice in other jurisdictions;
(b) To consider the implications of the recent decisions, in particular the legal advice prior to and during police questioning, and other developments in the operation of detention of suspects since it was introduced in Scotland in 1980 on the effective investigation and prosecution of crime.
(c) To consider the criminal law of evidence, insofar as there are implications arising from (b) above, in particular the requirement for corroboration and the suspect's right to silence;
(d) To consider the extent to which issues raised during the passage of the Criminal Procedures (Legal Assistance, Detention and Appeals)(Scotland Act) 2010 may need further consideration, and the extent to which the provisions of the Act may need amendment or replacement; and
(e) To make recommendations for further changes to the law and to identify where further guidance is needed, recognising the rights of the suspect, the rights of victims and witnesses and the wider interests of justice while maintaining an efficient and effective system for the investigation and prosecution of crime.