Terms of reference
The terms of reference are critically important to the work of the Inquiry as they set the parameters within which the Inquiry can operate and the broad areas the Inquiry can investigate.
Terms of reference are set by Ministers in consultation with the Chair. It is important to note that the terms of reference do not attempt to present a definitive list of every issue the Inquiry will consider. They set out areas of investigation that the Chair and his team will interpret flexibly.
The full terms of reference for the Inquiry are as follows:
To examine the investigation carried out by Strathclyde Police, under the direction of the Crown Office and Procurator Fiscal Service, into the murder of Emma Caldwell, including:
- (i) the investigative strategy and decision making;
- (ii) the giving of direction by the Crown Office and Procurator Fiscal Service;
- (iii) any steps which could reasonably have been taken and, had they been taken sooner, might have resulted in the offender being apprehended and prosecuted at an earlier stage;
- (iv) the roles and responsibilities of those involved; and
- (v) any other factors relevant to the circumstances of the investigation and related prosecution and to make recommendations to address any finding in that regard.
- To examine whether any failures in training, procedures, operating models or systems of working contributed to failures (if any) by Strathclyde Police or the Crown Office and Procurator Fiscal Service in relation to the investigation and to make recommendations to address any finding in that regard.
- To report to Scottish Ministers on the above matters and to make recommendations as soon as reasonably practicable.