More Questions About SCCRC By MSP

Teachers
S3W-13233 - Bill Kidd (Glasgow) (SNP) (Date Lodged Tuesday, May 20, 2008): To ask the Scottish Executive what progress has been made in implementing recommendations 29 and 30 of The ACPOS and Crown Office and Procurator Fiscal Service working group formed to develop joint protocols, as recommended in the Bonomy Report.

Answered by Frank Mulholland QC (Wednesday, May 28, 2008): Both recommendations relate to the disclosure of evidence in criminal proceedings by the Crown Office and Procurator Fiscal Service (COPFS) and the Scottish police.

Recommendation 29 suggested that the police and COPFS should commit to a process of full disclosure in all solemn cases in connection with the implementation of High Court Reform in 2005.

Recommendation 30 suggested that COPFS should consider a pilot for routine disclosure of a summary of the Crown case in summary cases.

I am pleased to confirm that both recommendations have been implemented in full, Recommendation 29 was implemented in November 2004 when the then Lord Advocate Lord Boyd issued a Crown Practice Statement in relation to the disclosure of evidence by the Crown in High Court Cases.

The Crown Practice Statement took full effect from 1 January 2005 and continues to apply to all High Court cases indicted on or after 1 April 2005 and was extended to all solemn cases from 1 September 2005.

In relation to Recommendation 30, a successful pilot was conducted in Dumfries and Galloway in 2007 and the new process was rolled out nationally in September 2007 to support the Summary Justice Reform programme. All summary complaints now include a summary of evidence against the accused.



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Justice
S3W-13232 - Bill Kidd (Glasgow) (SNP) (Date Lodged Tuesday, May 20, 2008): To ask the Scottish Executive when it intends to implement the recommendations on disclosure contained in Review of the Law and Practice of Disclosure in Criminal Proceedings in Scotland.

Answered by Kenny MacAskill (Thursday, May 29, 2008): As the Scottish Government announced on 29 April 2008, we will in the near future bring forward legislation to deliver the review''s recommendations on disclosure.



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