[1] In October 2010, following the ruling in Cadder v HM Advocate, a Supreme Court judgement ruling the lack of access to a solicitor in law for persons detained by police under section 14(1) of the Criminal Procedure (Scotland) Act 1995 unlawful, the Scottish Government asked the Lord President to nominate a single High Court judge to lead an independent review of Scottish criminal law and practice.

[2] The Carloway Review was subsequently published on 17 November 2011, and its recommendations led to the introduction of the Criminal Justice (Scotland) Bill before the Scottish Parliament by Kenny MacAskill MSP, Cabinet Secretary for Justice for the Scottish Government on 20 June 2013.

[3] The Criminal Justice (Scotland) Bill was passed by the Scottish Parliament on 8 December 2015, and received royal assent on 6 April 2020.

Part 1 of the act also ensured that all persons in police custody are provided with the right to access a solicitor, after the ruling in the case of Cadder v HM Advocate, which preceded the Carloway Review.

[8] This was enshrined in the Code of Practice on the Exercise by Constables of Powers of Stop and Search of the Person in Scotland, brought into force by section 77 of the Act on 11 May 2017.