Accused to get more rights to know evidence
30 Apr 08
Justice Secretary announces fairer disclosure arrangements following Lord Coulsfield report
People accused of crimes are to be given more rights to know all the evidence against them.
The move by the Scottish Government follows a public consultation into the report by Lord Coulsfield in 2007, following his review of the law and practice of disclosure in criminal proceedings in Scotland, and the controversy surrounding the evidence in high-profile cases such as the Lockerbie bombing.
The government response, "A Statutory Basis for Disclosure in Criminal Proceedings in Scotland", confirms that ministers will introduce legislation to implement Lord Coulsfield's recommendations. These include:
- setting in statute a clear definition of the legal requirements for disclosure;
- providing a statutory code of practice detailing the appropriate disclosure procedures and responsibilities;
- introducing public interest immunity hearings to achieve a balance between protecting sensitive or confidential information and the requirement to disclose;
- codifying a system for notifying defence agents in jury trials about the existence of non-sensitive material that has not been disclosed.
Having considered the consultation responses, ministers intend to go further by legislating for material previous convictions of Crown witnesses to be disclosed in all cases, not just on application by the defence. In addition, where disclosure has been made by the Crown and the defence request further consideration to be given to disclosure of other information, it should then be mandatory for a standard defence statement to be submitted.
Justice Secretary Kenny MacAskill said: "Disclosure is now a vital part of our procedures following changes within the law in 2005. It is essential that the defence have all the necessary information available to ensure a fair trial. Effective disclosure also contributes to a more effective criminal justice system and to earlier resolution of cases.”
Lord Advocate Elish Angiolini added: "Early disclosure of evidence is not only beneficial to the defence and to the pursuit of a fair trial but also to victims and witnesses, as it can bring about earlier guilty pleas, saving victims and witnesses from the stress and strain of having to give evidence in court."