Coulsfield to review criminal evidence disclosure
3 Nov 06
Executive seeks balance between duty to disclose and witness protection
The Justice Minister Cathy Jamieson has asked the retired judge Lord Coulsfield to conduct a review of the law and practice of disclosure of evidence in the Scottish criminal justice system.
The remit is to review the law and practice of disclosure of evidence and other relevant material in criminal proceedings in Scotland, with a view to making practical recommendations that recognise the rights of the accused, and the interests of victims and witnesses. Lord Coulsfield intends to report to ministers by summer 2007.
Lord Coulsfield is inviting a number of key interested parties to join a reference group for the review, including representatives from the police and defence practitioners.
Duty to disclose
The Crown is required to disclose witness statements, previous convictions for and outstanding charges against witnesses whom the Crown intends to lead in evidence, including any information in their possession that would tend to exculpate the accused or undermine the prosecution case. There is also a potentially competing duty to protect witnesses' rights in terms of the European Convention on Human Rights.
In other jurisdictions, such as England and Wales, legislation provides means for striking such balances and protecting witnesses. While the courts have attempted to deal with individual cases in Scotland, recent decisions by the Privy Council have raised a question as to the adequacy of the current law in Scotland to deal with competing interests.
Ms Jamieson said: "Effective and fair disclosure procedures are essential if we are to respect the rights of all these groups - and also to preserve the confidentiality of vital aspects of criminal investigations.
"I am delighted that Lord Coulsfield has agreed to review the law and practice of disclosure, as part of that end-to-end reform of the Scottish criminal justice system."
Submissions invited
Lord Coulsfield is inviting written comments from anyone with an experience of, or interest in disclosure issues. These should be sent to Bill Barron, Disclosure Review Team, Scottish Executive Justice Department, St Andrews House, Edinburgh EH1 3DG or to Bill.Barron@scotland.gsi.gov.uk, preferably by 1 December 2006.