Part 3 of the CJ&L Bill - Criminal procedure
Part 3 contains a range of measures aimed at ensuring the justice system can deal with the demands of modern Scotland.
Priorities
The Bill includes provisions that will raise the age at which a child can be prosecuted in adult criminal courts from eight to 12. Children under 12 will continue to be held to account for any offending behaviour through the children's hearings system, which is more suited to their age and stage of development. Provisions will also abolish "unruly certificates" so that accused children no longer suffer the adverse effects of being remanded in adult prisons alongside convicted hardened adult criminals.
It implements the 2008 Scottish Law Commission report on Crown right of appeals. The provisions clarify and remove some ambiguities and flaws in the law concerning certain judicial decisions that can end a trial without a verdict of a jury. The provisions provide the Crown with a right to appeal against those decisions and these changes will help to instil greater public confidence in the legal system in this area.
The Bill makes changes to the system of retention and use of forensic samples (eg. DNA) including allowing samples to be retained temporarily in cases dealt with through the children's hearing system where a child has committed one of certain serious violent and sexual offences. The changes will enhance public protection and improve the law in relation to the retention and use of DNA, fingerprints and other physical data.
Other measures
Provisions that will:
- make various minor changes to how the bail and undertaking system operates;
- permit witnesses to have access to their statements prior to giving evidence in court;
- make a number of improvements to how the prosecution of organisations can be taken forward; and
- restrict how appeal cases can be taken forward following a referral from the Scottish Criminal Cases Review Commission.