Criminal law

The Scottish Sentencing Council launched a public consultation on its two sentencing guidelines on offences of rape. 

  • Find our more on the Scottish Sentencing Council's website. 
  • Read our consultation response. 

In July 2024, the Scottish Government released a consultation looking at media reporting of and public information sharing about child homicide victims. 

The Proposed Prostitution (Offences and Support) (Scotland) Bill was lodged by Ash Regan MSP in June 2024.

The consultation aims to propose a bill for reducing the level of
prostitution in Scotland by decriminalising on street solicitation, criminalising the
purchase of sexual services and providing support for exiting prostitution.

  • Read more about the Bill and its proposals on the Scottish Parliament website.
  • Read our response to the proposals in the Bill.

 

The Scottish Government sought views on changing the point of release under licence conditions for people serving a custodial sentence of four years or more.

In November 2023, the Scottish Government published a consultation on making permanent some criminal justice measures from the Coronavirus Recovery and Reform (Scotland) Act 2022 and implementing other proposals to modernise the criminal justice system.

In January 2024, the Scottish Government launched a consultation on proposals relating to its 2022-2023 Programme for Government commitment to introduce a Bill on ending conversion practices in Scotland, including both sexual orientation and gender identity.

 

In November 2023, the Scottish Government released a consultation on making permanent some criminal justice measures from the Coronavirus Recovery and Reform (Scotland) Act 2022 and implementing other proposals to modernise the criminal justice system.

Find out more about the consultation

Read our response

In February 2021, the Scottish Government established an Independent Working Group on Misogyny and Criminal Justice in Scotland, chaired by Baroness Kennedy QC.  The Working Group was tasked with considering how the Scottish criminal justice system deals with misogyny, including looking at whether there are gaps in the law that could be addressed by a specific criminal offence to tackle such behaviour.

The Scottish Government consulted on draft legislation to implement recommendations for reform of the criminal law contained in the report of the Working Group on Misogyny chaired by Baroness Helena Kennedy KC.

 

The Proposed Dog Abduction (Scotland) Bill was lodged by Maurice Golden MSP in October 2022.

The Bill proposed to create a new statutory offence to tackle the problem of dog theft in Scotland. The Bill included proposals to improve data recording for dog thefts to assist with detection and prevention.

The Scottish Sentencing Council launched a public consultation on its first offence specific guideline, developed for use by the Scottish Courts when sentencing in cases where death by driving offence has occurred.

  • Read more about the consultation here.
  • Read our response here.

The Proposed Domestic Abuse (Prevention) (Scotland) Bill was lodged by Pam Gosal MSP.

This proposed Member's Bill aimed to make provision for the prevention of domestic abuse and improve support for those affected.

The Bill's proposals included the impementation of -

  1. A domestic abuse registers.
  2. The use of mandatory rehabilitation measures.
  3. Improved data collation of domestic abuse cases and,
  4. Education about domestic abuse in schools.

Read more about the proposed Bill here.

Read our response to the proposals here.

The Scottish Government launched this 12-week consultation in July 2022.

The Scottish Government sought views in relation to proposed changes of the Parole Board (Scotland) Rules 2001. The proposed changes aim to consolidate and modernise the rules to ensure that they are fit for purpose.

View the consultation here.

Read our response to the consultation here.

The Proposed Drugs Death Prevention (Scotland) Bill was lodged by Paul Sweeney in May 2022.

The Bill proposed to enable the establishment of overdose prevention centres in order to prevent deaths due to drug overdoses. The Bill also proposes to create a new body for the oversight of drugs policy and implementation with a view to improving public health and reducing drug use, harm and drug related deaths.

The Scottish Government launched this consultation in May 2022.

The Scottish Government aimed to seek views in relation to various matters including;

  • The creation of a Victims Commissioner for Scotland
  • An automatic right to anonymity for complainers in sexual offence cases
  • The creation of specialist sexual offence courts
  • The implementation of virtual summary trials
  • Judge only trials in sexual offence cases.

View the consultation here

Read our response to the consultation

The Scottish Government launched the Children's Care and Justice Bill policy proposals consultation in March 2022.

  • Read the consultation here.
  • Read our response here.

The Proposed Victims, Criminal Justice and Fatal Accident Inquiries (Scotland) Bill was lodged by Jamie Greene MSP in December 2021.

The Bill proposed to make changes to the criminal justice system to increase the rights of victims, their families, and to set mandatory timescales for Fatal Accident Inquiries.

Murdo Fraser MSP held a consultation on a proposal for a Bill to reduce the incidence of fly-tipping by introducing new measures and strengthening existing measures to prevent it, including by improving data collection, improving enforcement procedures, increasing penalties for offenders, and by making changes regarding liability for the removal of fly-tipped waste.

The Scottish Government issued a consultation to seek views on the not proven verdict. The consultation also sought views on jury size, the majority required for conviction and corroboration.

The Scottish Government issued a consultation to seek views on bail and release from custody arrangements in Scotland in order to balance public protection with opportunities to support and rehabilitate those who offend.
• View the Scottish Government consultation
• Read our response

The Scottish Government issued a consultation on the use and sale of fireworks, and tackling the misuse of pyrotechnics.

 

The Working Group on Misogyny and Criminal Justice in Scotland has been set up to independently consider how the Scottish criminal justice system deals with misogyny. This includes looking at whether there are gaps in the law that could be addressed by a specific criminal offence to tackle such behaviour.

We have prepared a briefing paper in advance of a debate on criminal justice at the Scottish Parliament on 10 June 2021.

Read the briefing paper

Our Criminal Law Committee has responded to the Scottish Government consultation: Miners’ strike 1984/85 pardon 

Read our consultation response

The consultation is mainly focused on the Dangerous Dogs Act 1991 in considering the wider issue of dog control. Reference is also made to the earlier consultation in 2019 that considered “Improving the Operational Effectiveness of the Control of Dogs (Scotland) Act 2010”. 

We support the various policy objectives that the Scottish Government have been proposing regarding achieving a more effective control of dogs. 

Read our response

The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 passed the Scottish Parliament on 10 December 2020 and received Royal Assent on 20 January 2021. 

Our Criminal Law Committee has responded to the Scottish Government consultation: Self-referral forensic medical services which seeks views on the appropriate retention period for evidence collected during self-referral forensic medical services in connection with implementation of the Act.

Read our consultation response

The Scottish Law Commission, together with the Law Commission of England and Wales, are in the final stages of a far-reaching project to support the creation of a legal framework for automated vehicles (AVs), in preparation for their future deployment on British roads. This project was commissioned by the UK Government’s Centre for Connected and Autonomous Vehicles (CCAV) in 2018, and is due to complete by the end of 2021.

Our Criminal Law Committee has responded to the Call for Evidence on the Final Report of the Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing.

Read our written evidence.

The Scottish Parliament's Justice Sub-committee on Policing is considering how Police Scotland currently makes use of remote piloted aircraft systems (RPAS) and body worn video cameras (BWVC). The sub-committee is also considering any plans Police Scotland may have to expand the use of either technology.

The Scottish Parliament inquiry is available to read on its website.

Read our response which outlines that there needs to be prior effective public consultation as to the any extension of their use of this equipment along with the development of a legal and regulatory framework to capture all authorized use of RPAS and BWVC. 

The Scottish Government issued a consultation seeking feedback on its coronavirus guidance.

The Scottish Parliament's Covid-19 committee asked for views on how the Scottish Government’s powers have been used over August and September 2020.

Our Mental Health and Disability, Environmental Law Sub-committees and Criminal Law Committee have responded to the Department for Transport and UK Space Agency’s consultation on Spaceport and spaceflight activities: regulations and guidance. 

Read our response

The Law Society's Criminal Law Committee has responded to the Scottish Government’s consultation: Raising the age of referral to the principal reporter.

The Scottish Government's 2019-20 Programme for Government made a commitment to consult on enabling joint reporting to the Crown Office and Procurator Fiscal Service and the Principal Reporter of all 16 and 17 year olds' offence cases. This consultation also seeks views on proposals for legislative change to allow 16 and 17 year olds to be referred to the Reporter on care, protection and offence grounds.

The consultation is available to read on the Scottish Government website.

Read our full consultation response.

The Law Society's Criminal Law Committee has responded to the Scottish Sentencing Council Consultation on Sentencing Young People. The issue of sentencing guidelines for young people (the Guidelines) is part of the ongoing programme of work being undertaken by the Scottish Sentencing Council to form the framework of sentencing decisions being taken in Scotland.

Read our full consultation response.

The Scottish Sentencing Council consultation on sentencing young people is available on its website.

The Society responded to the Independent Review of Mental Health Law in Scotland’s call for evidence.

The aim of the Review is to improve the rights and protections of people affected by the mental health, incapacity or adult support and protection laws because they have, or used to have, a mental disorder. This includes carers or supporters of people affected by these laws.

The Society's Criminal Law Committee responded to the Scottish Parliament’s Justice Sub-Committee on Policing Call for Evidence regarding the preparations for, and the potential impact of, the United Kingdom’s withdrawal from the European Union on the Police Service of Scotland.

Scottish Parliament Justice Sub-committee on policing -Brexit

Read our call for evidence paper

 

We responded to the Scottish Government's outline to the Coronavirus (Scotland) (No.2) Bill.

The Scottish Government published a discussion paper on 14 April 2020 which set out potential options to inform discussions between the Cabinet Secretary for Justice and key stakeholders on the most effective approach to manage the impact of the COVID-19 outbreak on serious criminal cases where trial would be before a Sheriff or Judge and jury.

As well as being represented on roundtable discussions on the proposals, we submitted a written response.

The Scottish Parliament's Justice Committee sought to scrutinise actions of the Scottish Government, and the wider civil, criminal justice and prosecution system in Scotland in responding to Covid-19. You can read more at: Scottish Parliament Justice Committee - Covid-19

The UK Government issued a consulation on the decriminalisation of TV licence evansion, welcoming views on whether the Government should proceed with the decriminalisation of TV licence evasion by replacing the criminal sanction with an alternative civil enforcement scheme.

The Scottish Governent issued a consultation on which parts of the body should be listed as exempt from deemed authorisation.

In December 2019 the Scottish Government updated its Strategic Police Priorities, prompting a refresh of the Scottish Police Authority's and Police Scotland’s strategic police plan and long term strategy for policing.

The Scottish Police Authority and Police Scotland wanted to gather views of the communities of Scotland on their long term strategic direction.

The Scottish Parliament's Public Petitions Committee is considering Petition PE1773 on the reform of rape law.

The Scottish Government sought views on whether there is a need to take mandatory action to ban the sale of energy drinks to children and young people.

 

The Scottish Parliament’s Health & Sport Committee issued a call for evidence in relation to the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill. 

The Scottish Parliament issued a call for views on on the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill:

The Scottish Government has issued a consultation on proposals to update the youth justice standards:

The Scottish Government has issued a consultation on the possibility of introducing fixed penalty notices for certain wildlife offences as an alternative to custodial sentences:

The Scottish Government has issued a consultation on proposals to prohibit smoking outside hospital buildings:

The Scottish Government has issued a consultation on proposals to improve the effectiveness of the Control of Dogs (Scotland) Act 2010:

The Equality and Human Rights Commission has launched an inqury into the justice system and whether or not it treats disabled people fairly

The Scottish Government has issued a consultation on the Letter of Rights for Scotland.

We have responded to the Scottish Parliament Justice Sub-committee on Policing call for evidence for its inquiry into how policing in Scotland makes use of facial recognition technology.

The focus of the call for evidence centres on how policing in Scotland makes and should make use of facial recognition technology and whether that use is lawful, ethical, proportionate and transparent. 

Read our submission

The Scottish Government has issued a consultation on widening the scope of the current victim statement scheme.

The Scottish Government has issued a consultation on how Official Statistics present information on recorded crime and related topics.

The Scottish Government has issued a consultation on revised strategic police priorities, relating to the policing of Scotland and the Scottish Police Authority's functions.

Liam Kerr MSP has issued a proposal for a Bill to give Scottish courts the power to sentence the worst criminals to custody for the rest of their lives.

The Scottish Government has issued a consultation on section 38 of the Human Trafficking and Exploitation (Scotland) Act 2015 Act, which relates to the duty to notify and provide information about victims.

The Scottish Government has issued a consultation on Wildlife Crime Penalties.

 

The Scottish Government has issued a consultation on the Clinical Pathway for Children and Young People who have disclosed sexual abuse

The Scottish Parliament has issued a consultation on a proposal for a Bill to increase protection for victims of stalking by giving the police the power to apply for stalking protection orders on behalf of victim.

The Scottish Government has issued a consultation on legislation to improve forensic medical services for victims of rape and sexual assault

The Scottish Government has issued a consultation on the draft code of practice on powers by proper persons to exercise a series of investigatory orders and warrants under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002.

We have produced a briefing ahead of the Stage 1 debate on the Children (Equal Protection from Assault) (Scotland) Bill, scheduled for Tuesday 28th May 2019.

Emma Harper MSP has issued a proposal for a Bill to increase penalties and provide additional powers to investigate and enforce the offence of livestock worrying.

The Scottish Government has issued a consultation on the use and regulation of fireworks in Scotland.

  • View the consultation on the Scottish Government's website
  • View the Law Society of Scotland's response - May 2019

We produced a briefing on the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill ahead of the Stage 3 debate on Thursday 9 May 2019.

Claire Baker MSP has launched a proposal for a Bill to amend the law of culpable homicide.

The Scottish Government has issued a consultation on proposed amendments to the Animal and Welfare (Scotland) Act 2006.

Gil Paterson MSP has issued a proposal for a Bill to make the right of defence counsel for a person accused of homicide to instruct a post-mortem examination of the alleged victim subject to an extendable time-limit in order to minimise delays and uncertainty for victims' families.

The Scottish Government has issued a consultation on proposals to create new protective orders that could be used to keep people at risk of domestic abuse safe by banning perpetrators from their homes.

The UK Government Scottish Home Affairs Committee has called for written evidence into the its inquiry: Use and Misuse of Drugs in Scotland.

You can read our submission: 

 

The Scottish Government has issued a consultation on proposals to improve the experience of victims in the parole process, increase openness and transparency of the Parole Board for Scotland and ensure the independence of the Parole Board is maintained.

The Scottish Parliament's Justice Committee has decided to undertake an evidence session on the nature, extent and prosecution of elder abuse, and whether there is merit in the potential introduction of an aggravated offence of elder abuse in Scotland.

The Scottish Government has issued a consultation on consolidating all Scottish hate crime legislation and expanding the statutory aggravations.

The Scottish Parliament's Justice Committee has asked for views on the draft Drug Driving (Specified Limits) (Scotland) Regulations 2019.

The Scottish Government has issued a consultation on plans to strengthen the existing legislative framework for the protection of women and girls from Female Genital Mutilation (FGM), a form of gender based violence.

The independent review of policing during the miners' strike was set up following a June 2018 statement by the Cabinet Secretary for Justice, Michael Matheson MSP in the Scottish Parliament. It is being led by John Scott QC, and its remit is to investigate and report on the impact of policing on affected communities in Scotland during the period of the miners' strike from March 1984 to March 1985.

The Department for Transport has issued a consultation on whether there should be new offences for cyclists of causing death or serious injury when cycling, and what the associated penalties might be.

The Scottish Government has issued a consultation on potential changes to the criminal offences of cruelty to children and sexual abuse of trust of children.

The Department for Transport has issued a consultation on the removal of deposits and securities as alternatives to conventional insurance.

The Scottish Parliament's Public Audit and Post-legislative Scrutiny Committee has issued a call for evidence on its post-legislative scrutiny of the Control of Dogs (Scotland) Act 2010.

The Scottish Government has issued a consultation on proposals for the establishment of a Commissioner to provide independent oversight of biometric data used by the police and others in Scotland and an associated statutory code of practice.

The UK Parliament's Joint Select Committee on Human Rights has launched an inquiry on the proposal for a draft Human Rights Act 1998 (Remedial) Order 2019.

Read our briefing issued to all MSPs ahead of the Justice Committee debate on remand on Wednesday 3 October 2018.

The House of Commons Home Affairs Committee has issued an inquiry looking at what progress has been made in the three years since the Modern Slavery Act came into force and what more remains to be done.

The General Medical Council (GMC) has issued an independent review into how gross negligence manslaughter and culpable homicide are applied to medical practice.

The House of Lords Select Committee on the Bribery Act 2010 has issued a call for evidence for its post-legislative scrutiny inquiry into the Bribery Act 2010.

The Scottish Government has issued a consultation on proposals for the reform to the disclosure regime in Scotland.

The Scottish Government has published its consultation on Establishing a statutory Appropriate Adult service in Scotland.

The Scottish Parliament will debate the Independent Review of Hate Crime Legislation in Scotland final report on Thursday 7 June 2018.

The Scottish Parliament's Justice Committee is to undertake post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012. The 2012 Act created a single police service and a single fire and rescue service, replacing the eight police forces and the eight fire brigades that had existed previously.

The UK Parliament's EU Home Affairs Sub-Committee has issued an inquiry to examine the practical and legal challenges for negotiating a security treaty with the EU, and what such a treaty might cover.

The Scottish Government t has issued a consultation on a proposed change to the law to allow fixed penalty notices to be issued to suspected road traffic offenders in Scotland.

A proposal for a Bill to create an offence or offences to increase the protection of workers in the retail sector, particularly those applying or enforcing an age-restriction in relation to the sale or supply of goods or services. (April 2018)

The Scottish Parliament's Justice Committee has issued a call for evidence on the decision-making process around bail and remand in Scotland.

The Criminal Law Committee submitted written evidence to the Scottish Parliament's Justice Committee on the implications of the UK's exit from the European Union on policing and criminal justice in Scotland.

Petition PE 1633: Private Criminal Prosecution in Scotland (Petition) questions whether there should be any changes in the law by removing the requirement that the Lord Advocate must first give permission before a private criminal prosecution can be commenced in Scotland.

The Scottish Parliament's Justice Committee has issued an inquiry on civil actions for damages in respect of rape and other serious crimes.

The Scottish Government issued a consultation to ensure that decisions on any ensuing reforms to the Protection of Wild Mammals (Scotland) Act 2002 following Lord Bonomy's review are taken with a sound understanding of the issues and implications.

The UK Government has issued a policy paper to discuss options for maintaining internal security collaboration in the future partnership with the EU.

The Scottish Government has issued a consultation to seek views on the proposed amendments to the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007. Scottish Ministers will consider all written observations received on the proposed draft order.

This consultation sought views to inform the independent review of hate crime legislation in Scotland, conducted by Lord Bracadale. The review is considering whether changes need to be made to the current laws; whether existing offences should be extended to cover other groups; and whether all hate crimes should be brought into one area of legislation.

The Scottish Sentencing Council (SSC) is conducting a public consultation seeking views on its first draft sentencing guideline – the Principles and Purposes of Sentencing.

The Scottish Government are consulting on proposed reforms to criminal law and procedure to address how pre-recorded evidence is taken from child and vulnerable witnesses.

John Finnie MSP has issued a consultation on the Children (Equal Protection from Assault) (Scotland) Bill to give children equal protection from assault by prohibiting the physical punishment of children by parents and others caring for or in charge of children.

The Scottish Government has issued a consultation on the next steps in taking forward primary legislation to extend the use of electronic monitoring in Scotland in support of broader community justice policy.

The UK Government is examining the case for reform of the law on corporate liability for economic crime. The call for evidence is concerned with criminal offences designed to punish and prevent economic crimes such as fraud, false accounting and money laundering when committed on behalf or in the name of companies.

The Ministry of Justice has issued a consultation on driving offences and penalties relating to causing death or serious injury. The government recognises that there is a public concern about sentencing for offenders who kill or seriously injure others on the road and is committed to making sure that the legislative framework that the courts operate within reflects the seriousness of offending and the culpability of the offender.

Criminal Law Committee

Advises the Council and the profession on criminal law matters.

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Our input to parliamentary bills

To help shape good law, we regularly provide responses and briefings related to bills from Holyrood and Westminster.

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Influencing the law and policy

One of the main functions of our policy team, along with our network of volunteers, is to analyse and respond to proposed changes in the law.

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