Written Question · S7W-04474 · Session 7
Further to the answer to question S7W-04191 by Ruth Charteris on 22 October 2026 regarding the Code of Practice on the investigative functi…
The question
To ask the Scottish Government, further to the answer to question S7W-04191 by Ruth Charteris on 22 October 2026 regarding the Code of Practice on the investigative functions as set out in section 57 of the Criminal Justice (Scotland) Act 2016, whether it will provide details regarding the established legal and procedural safeguards that are in place for investigative functions in the absence of the Code of Practice.
The answer
Investigative functions are exercised within an established legal and procedural framework. The safeguards within that framework include statutory rules governing arrest, detention and interview procedures, rights of access to legal advice, judicial authorisation of investigative powers where required, protections for vulnerable suspects and witnesses, requirements governing the admissibility and fairness of evidence, and scrutiny by prosecutors, the defence and the courts throughout criminal proceedings.The Code of Practice brings together and articulates in a single document existing principles and procedures applicable to the exercise of investigative functions. Those principles and procedures derive from the wider statutory, legal and procedural framework within which investigative functions are exercised. The Code provides a single framework which supports their understanding.Throughout the development of the Code, investigative functions have continued to operate subject to that established framework of legal and procedural safeguards.
In the Official Report
No contribution in the Official Report cites S7W-04474 by reference.