Chamber and committees

Following the appointment of Lord Scott to chair the Emma Caldwell Public Inquiry, I have consulted with the Chair, and met with the Caldwell family and a range of key parties to discuss the Terms of Reference of the Inquiry.

In these discussions I outlined my intention to keep the Terms of Reference focused on the original investigation of Emma’s death but sufficiently broad to allow Lord Scott to look at wider issues he considers to be pertinent to the Inquiry. This approach was broadly supported.

The Solicitor General, on behalf of the Law Officers, is content that the prosecutorial decision-making is examined by the Inquiry in connection with the investigation into the murder of Emma Caldwell.

I am pleased to confirm that the Inquiry will formally begin its work on 9 December 2025. The Inquiry’s setting up date marks the point at which I hand over full responsibility of the Inquiry to Lord Scott and the work of the Inquiry will commence.

The Terms of Reference agreed with Lord Scott are provided below:

PUBLIC INQUIRY INTO THE INVESTIGATION OF THE MURDER OF EMMA CALDWELL – TERMS OF REFERENCE

On 28 February 2024 Iain Packer was convicted of the murder of Emma Caldwell, 19 years after her death. I announced on 7 March 2024 that there would be an independent judge-led inquiry given the gravity of the case, the length of time that it took for justice to be served and the extent of the sexual violence suffered by the victims and survivors.

The Inquiry’s Terms of Reference are set out below. The Terms of Reference do not attempt to present a definitive list of every issue the Inquiry will consider. They specify areas of investigation which the inquiry will interpret flexibly.

Terms of Reference

• 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, 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 the Scottish Ministers on the above matters and to make recommendations as soon as reasonably practicable.