The Scottish Human Rights Commission welcomes the publication of the consultation document for the Carloway Review. Recommendations made by Lord Carloway may result in changes which last for a generation, so it is important that the consultation has as wide a response as possible to gather proper evidence, and takes the time to get recommendations right. The Commission will be responding fully to the consultation questions.

The Commission has already expressed significant concerns about the use of emergency procedures to enact the Criminal Procedure (Legal Assistance, Detention and Appeals) Scotland Act 2010 and about the content of the Act, particularly the lack of empirical evidence to justify the extension of detention periods to 12 and 24 hours and the impact on the independence of the Scottish Criminal Cases Review Commission. It is welcome that Lord Carloway recognises his role as a sunset clause over the emergency legislation.

The Carloway Review is an opportunity for Scotland to do better, to learn from the lessons of the Cadder case, to make sure there is robust evidence to justify interference with individual’s liberty, and to develop recommendations that will ensure we meet all our international obligations moving forward.

Although some of the issues raised could have wide ranging consequences there is a short time frame in which to respond, and the Commission encourage a wide range of stakeholders to engage, challenge and respond to the consultation.

• You can read more about the Carloway Review on the Scottish Government website.

• Shelagh McCall, Commissioner, sits on the Reference Group to the Carloway Review.

• The Commission has previously commented on the use of emergency procedures to enact the around the Criminal Procedure (Legal Assistance, Detention and Appeals) Scotland Act 2010. 

​