Further to the answer to question S7W-04191 by Ruth Charteris on 22 October 2026 regarding the Code of Practice on the investigative functi…

During development of the Code, work was reprioritised in response to significant pressures across the criminal justice system, including the Coronavirus pandemic. In that context, consideration was given to the continued operation and impact of investigative functions in the absence of the Code given the existing legal and procedural framework and the safeguards available within that framework.Investigative functions have continued to operate within a framework that includes legislation, common law rules and principles, international obligations and conventions, including the European Convention on Human Rights, Lord Advocate's Guidelines, judicial oversight, and operational policies and procedures governing the investigation of crime.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.Consultation on the Code is currently underway prior to finalisation and publication.