Overview of the Act
4.The Act seeks to support the aims set out in the Policy Memorandum by introducing reforms to modernise and enhance the efficiency of the Scottish criminal justice system. The provisions in the Act take forward a range of the Scottish Government’s key justice priorities.
5.Some of the Act’s provisions were developed from the recommendations of two independent reviews:
	Lord Carloway’s review of criminal law and practice (http://www.gov.scot/About/Review/CarlowayReview)
	Sheriff Principal Bowen’s review of sheriff and jury procedure (http://www.gov.scot/Publications/2010/06/10093251/0)
6.The Scottish Government consulted on the implementation of both reviews. A further consultation was also carried while the Bill for the Act was before the Parliament on whether additional safeguards would be required if the requirement for corroboration in criminal prosecutions were abolished. The corroboration reform, however, was not part of the final Act. Further information about the consultations can be found in the Policy Memorandum which accompanied the Bill for the Act when it was introduced in the Scottish Parliament.
7.The Act is in seven Parts, and has three schedules.
8.Part 1 (Arrest and custody) includes provisions on the powers of the police to arrest, hold in custody and question a person who is suspected of committing an offence. This part also provides for the rights of such persons in custody, makes specific provision for vulnerable adults and children, and obliges the Lord Advocate to issue a code of practice about investigative functions. Schedules 1 and 2 are connected to Part 1.
9.Part 2 (Police procedures) includes provisions about searches of persons not in police custody. It includes limitations on when such a search can be carried out, and makes provision for there to be a code of practice about such searches. It makes provision for police to have the power to search a person, in certain circumstances and for the purpose of preventing harm, before the person is being taken from one place to another. This part also makes provisions that allow regulations to be laid that will give the police the power to search persons in certain circumstances relating to the consumption of alcohol by children, should this power be considered necessary after a public consultation.
10.Part 3 (Solemn procedure) makes a number of amendments to the solemn procedure set out in the 1995 Act. These include imposing a duty on parties in criminal proceedings to communicate, and increasing the length of time for which an accused person can be remanded before having to be brought to trial from 110 to 140 days.
11.Part 4 (Sentencing) increases the maximum sentence for handling offensive weapons offences, places a specific duty on the court to consider whether it is appropriate to punish an offender for committing an offence while on early release, and increases the flexibility for different levels of court to consider imposing a punishment on such offenders.
12.Part 5 (Appeals and SCCRC) amends the 1995 Act to make changes to appeal procedures in the High Court and adjusts how the Appeal Court will consider Scottish Criminal Case Review Commission referrals.
13.Part 6 (Miscellaneous) requires the Lord Advocate to publish details of the test used by prosecutors to decide whether to bring a prosecution and makes provision about the use of technology, such as live television links in criminal procedure. Part 6 also defines appropriate adult support and allows regulations to be laid to further specify such support. By way of regulations Scottish Ministers may also confer on a person the functions of ensuring that persons are available to provide appropriate adult support, overseeing service delivery quality and standards, and providing training in relation to appropriate adult services. Part 6 also makes an amendment to the Police Act 1997 and, together with schedule 3, establishes and sets out the functions for a Police Negotiating Board for Scotland. It also makes provision for the notification of a child’s named person if a parent of a child under 18 is sent to prison.
14.Part 7 contains general and ancillary provisions.