41.Subsection (1) of section 13 gives the Commissioner powers to collect evidence during an investigation. The Commissioner can do this by requiring persons to give evidence or produce documents relevant to the investigation. Subsections (2) to (4) set out restrictions to that power, and exceptions to when a person might be required to give evidence. In particular, subsection (2) prevents the Commissioner from imposing a requirement on a person that the Scottish Parliament could not, under section 23 of the Scotland Act 1998, require to attend its proceedings or produce documents. Section 23 provides, for example, that judges or members of a tribunal might not be required to give evidence, and makes provision for the circumstances in which Ministers of the Crown might be called upon to do so. The regulation-making power in subsection (5) enables the Scottish Ministers to make further provision in relation to the giving of evidence. That might include, for example, provision about matters such as the giving of evidence under oath, or the application of privilege. That regulation-making power will be subject to the negative procedure.(2)
42.Section 14 places a duty on the Commissioner to publish a report on an investigation when that investigation is complete, and to lay a copy of the report before the Scottish Parliament. Subsection (2) allows the Commissioner to include in the report a requirement for the criminal justice body which was the subject of the report to respond to the report with a statement. Subsection (3) requires the Commissioner to give the criminal justice body a draft of the report and the opportunity to make comments to the Commissioner about its contents before the Commissioner publishes the report. This applies even if the report contains no requirement, under subsection (2), for the criminal justice body to respond to the report.
Crown Application Investigations Sections 13 and 14 – investigations: witnesses and documents, and reports on investigations