Consultation on the Letter of Rights for Scotland

Closed 13 Dec 2019

Opened 1 Oct 2019

Feedback updated 27 Jan 2021

We asked

The Letter of Rights is given to all suspects and accused persons held in police custody in Scotland.  To ensure the Letter of Rights continues to be fit for purpose, the Scottish Government gathered views on the content and language used in the Letter and the formats in which it is made accessible.

You said

In total, 23 responses to the consultation were received, 15 from organisations and eight from individuals.  Of the organisations that responded, a large majority either represented the legal sector or provided advocacy around the legal sector (six) or represented and provided advocacy for individuals with various disabilities (seven).

Generally speaking, around half of respondents expressed views that the existing materials is easy to understand.  However, despite moderate approval of the Letter, scope was identified to improve the Letter further, with a diverse range of suggestions brought forwards for doing so, as well as views expressed on where the Letter is perceived as lacking clarity, or containing conflicting information.

We did

The consultation responses have been carefully considered and published.  Only answers from respondents who gave permission have been published, however, all responses are included in the analysis of this consultation.

The Scottish Government will now seek to establish a working group made up of key stakeholders and linguistic experts to take forward reforms of the Letter of Rights, ensuring that the views expressed during this consultation process are properly captured.

Published responses

View submitted responses where consent has been given to publish the response.

Overview

The Letter of Rights is given to suspects and accused persons held in police custody in Scotland. Its purpose is to clearly explain their rights as provided for in domestic legislation.

The Scottish Government introduced a non-statutory Letter of Rights for Scotland in 2013 which was updated in 2018 to take account of provisions under the Criminal Justice (Scotland) Act 2016.

Following the introduction of an updated Letter of Rights in January 2018, to coincide with commencement of part 1 of the Criminal Justice (Scotland) Act 2016, the Scottish Government undertook to consult on potential changes to the Letter of Rights in 2019 to capture lessons learned.

To ensure the Letter of Rights is fit for purpose, the Scottish Government is keen to gather views on the content and language used in the letter and the formats in which it is made accessible.

Why your views matter

The purpose of this consultation is to seek the views of key stakeholders and members of the public on the current Letter of Rights for Scotland.

Read the consultation paper 

Interests

  • Law and Order