The Carloway Review: report and recommendations
In October 2010, the Cabinet Secretary for Justice, Kenny MacAskill MSP, decided that it was necessary to review key elements of Scottish criminal law and practice in the light of the decision of the United Kingdom Supreme Court in Cadder
Mr MacAskill determined that such a review should be conducted expeditiously, to give the Parliament the opportunity to consider any necessary further legislation during the forthcoming new parliamentary session. He also decided that it should be conducted independently of Scottish Ministers. To these ends, he asked the Lord President to nominate a single High Court judge who would lead the Review full time, with the support of a full-time team and the assistance of an expert Reference Group, and would report within twelve months.
The Lord President’s nominee, Lord Carloway, commenced this Review in November 2010, following a parliamentary debate on these issues during the passage of the emergency legislation contained in The Criminal Procedure (Legal Assistance, Detention and Appeals)(Scotland) Act 2010.