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Introduction
On 12 September 2007, the Scottish Government published the report of Lord Coulsfield's independent Review of the Law and Practice of Disclosure in Criminal Proceedings in Scotland ( http://www.scotland.gov.uk/Publications/2007/09/11092728/0), together with an Executive Summary ( http://www.scotland.gov.uk/Publications/2007/09/11092705/0).
The Cabinet Secretary for Justice, Kenny MacAskill, welcomed the report and announced the Government's intention to consult publicly on the key proposals, with a view to subsequent legislation.
Lord Coulsfield's report contained 44 recommendations, some calling for legislation and others requiring action by the police and the Crown Office and Procurator Fiscal Service. The main purpose of this consultation paper is to invite views on those recommendations which will require legislation, though it also invites specific comment on his recommendations, not requiring legislation, relating to disclosure for summary cases.
Almost all the other recommendations which do not require legislation are already being taken forward by the Crown Office and Procurator Fiscal Service ( COPFS) and the police. These recommendations are listed in the Annex to this consultation paper, and question U invites comments on these or on any other matter arising from Lord Coulsfield's report.
Format of the sections of this paper
Each section of this consultation document considers and seeks comments on a single recommendation or a group of related recommendations from Lord Coulsfield's report. Each section comprises:
- a box containing the key extracts from the report and/or the Executive Summary 1. To facilitate cross-referencing, full or part paragraphs from the report retain their original numbering, and full or part paragraphs from the Executive Summary are identified by ES and their original paragraph number. Lord Coulsfield's specific recommendations are included in bold, identified by their number from the summary of recommendations in the report, prefixed by R.
and
- a box containing questions for comment.
We hope that the inclusion of extensive extracts from Lord Coulsfield's report will make it possible for this consultation document to be read and understood in isolation. However, those wishing to see the full context are encouraged to refer also to Lord Coulsfield's Report itself.
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