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INTRODUCTION
1. In November 2007, the Scottish Government published a consultation paper on proposals for legislation to implement the recommendations in the Coulsfield Report.
2. This report contains a summary of the responses to the consultation, and indicates how the Scottish Government intends to take matters forward.
3. Lord Coulsfield's report contained 44 recommendations. The consultation paper invited views on those recommendations which require legislation and also invited specific comment on the 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. Question U invited comments on these or on any other matter arising from Lord Coulsfield's report.
4. The consultation paper wished to seek out views on whether the law should be changed in respect to disclosure in criminal proceedings in Scotland and set out 21 questions under the following topics:
- Statutory definition of the disclosure requirement;
- Disclosure of statements;
- Disclosure of criminal history records;
- Code of practice;
- Decision making;
- Public Interest Immunity;
- Schedules for solemn cases;
- Information from the defence;
- Witnesses to refer to their statements;
- Misuse of disclosed information;
- Disclosure for summary cases;
- Other issues.
5. The consultation paper was made available on the Scottish Government website. The consultation period ended on 25 January 2008.
6. Responses were received from 14 organisations and 2 individuals. A list of the respondents is provided at the Annex. Of the 16 responses, the Scottish Justices Association wished their response to be treated as confidential, and the Association of Scottish Police Superintendents wished to record their support for and alignment with the detail of the Association of Chief Police Officers in Scotland ( ACPOS) response. The comments from the Scottish Legal Aid Board ( SLAB) addressed only a few of the specific consultation questions. Accordingly, this analysis is largely based on the responses from 13 respondents only, taking account also of the SLAB comments where these addressed the specific questions.
7. Copies of the responses (except the one marked confidential) are available from the Scottish Government library at Saughton House, Broomhouse Drive, Edinburgh EH11 3XD (telephone 0131 244-4565), or at http://www.scotland.gov.uk/Publications/2008/03/12145347/0.
The consultation paper itself is available at http://www.scotland.gov.uk/Publications/2007/11/09145246/0, and Lord Coulsfield's report may be accessed at http://www.scotland.gov.uk/Publications/2007/09/11092728/0.
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