September 2016

The Society’s committees have been working on a number of Scottish Parliament and UK Parliament Bills and consultations, including the Policing and Crime Bill, non-compete clauses and the CMA’s Report on the Legal Services Market.

Key areas are highlighted below. For more information see the law reform section of the website.

Policing and Crime Bill

The Criminal Law Committee has responded to the Scottish Parliament Justice Committee’s call for evidence in considering its approach to the Legislative Consent Motion on the Policing and Crime Bill.

We are generally supportive of the areas of the Bill where the consent of the Scottish Parliament is required. These areas include: Police Maritime Powers; Cross border powers of arrest; Restoration of littering powers and Firearms.

With particular reference to the cross border powers of arrest we noted that currently there are no powers of arrest available in urgent investigations where an individual is alleged to have committed a serious offence in one UK jurisdiction, where no arrest warrant has been issued and the suspect has turned up unexpectedly in another UK jurisdiction. The provisions at Clause 105 of the Bill will now provide for this in respect of specified offences to be set out in secondary legislation. We support these provisions.

The full response is available to read on the law reform section of the website.