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Scottish Statutory Instruments

2011 No. 146

Criminal Law

The Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011

Made

21st February 2011

Laid before the Scottish Parliament

23rd February 2011

Coming into force

6th June 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 117(4) and 164(3) of the Criminal Justice and Licensing (Scotland) Act 2010(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Disclosure (Persons engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011 and come into force on 6th June 2011.

Prescribed persons for the purposes of the provision of information to the prosecutor and the code of practice

2.  The persons listed in the Schedule are prescribed persons for the purposes of sections 117(4) and 164(3) of the Criminal Justice and Licensing (Scotland) Act 2010.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st February 2011

Regulation 2

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the statutory scheme regarding the disclosure of information given to, or obtained by, the prosecutor in connection with criminal proceedings, as provided for by Part 6 of the Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”).

Sections 117 to 120 of the Act make provision in connection with the provision of information by investigating agencies to the prosecutor. Section 117(4) of the Act provides that investigating agencies are a police force or such other persons who engage, to any extent, in the investigation of crime or sudden deaths and submit reports relating to those investigations to the procurator fiscal as the Scottish Ministers may prescribe by regulations.

Section 164 of the Act provides that the Lord Advocate must issue a code of practice providing guidance about Part 6 of that Act. Section 164(3) of the Act provides that police forces, prosecutors and such other persons who engage, to any extent, in the investigation of crime or sudden deaths and submit reports relating to those investigations to the procurator fiscal as the Scottish Ministers may prescribe by regulations must have regard to the code of practice.

These Regulations prescribe such persons.