Big Wullie
Joined: 25 Apr 2007 Posts: 1149
Location: Glasgow
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Posted: Fri May 30, 2008 1:42 am Post subject: Are Crown Acting Illegally Re: Disclosure |
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According to these recently asked questions and going by Solicitor General's answer, Crown are acting incompatible with sections 29 & 30 of The ACPOS and Crown Office and Procurator Fiscal Service working group formed to develop joint protocols, as recommended in the Bonomy Report.
According to the answer from Frank Mulholland (Below) 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.
for the benefit of doubt Solem means High Court Cases or Petitions at the Sheriff Court, Solemn = Serious.
Mr Mulholland is under the Impression that section 29 has been implemented on: 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.
What a Joke, We all know that in the Dixon, Beck, Megrahi, and McDonald cases, to name but a few, The above implementation that Mr Mulholland suggests has been implemented, This is not so.
Why would any of the above cases need to call for Commission and Diligence if Mr Mulholland is correct ?
In actual fact Dixon and McDonald are actually having to go to Privy Council, Why ? If the above is true.
Surely Mr Mulholland should be questioned over the above mentioned cases.
Megrahi I will concede to an extent warrants some form of PII but not so warranted in the other cases.
Lastly, for some unknown reason the question below was answered in the teachers section rather than the Justice one designed for this question
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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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.
Due for answer Thursday, June 05, 2008
See Elish Angiolini (Lord Advocate) speak about disclosure here:
http://www.youtube.com/watch?v=-x11rHMJskY
Hear it from the Horse's Mouth:
http://www.youtube.com/watch?v=ebOQ8jhw-9g
Clearly Lord Advocate is aware of Disclosure.
She should make sure it is dished out evenly or Resign
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