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I am suggesting that the timing makes a crucial difference. Section 9 deals with the code of practice for observers. That code has to be developed at a later stage.
The code also sets out some of the factors that we would have to consider and weigh up in that respect, such as the offender's age and background, their relationship to the victim and the overall circumstances of the offence.
The code would also cover things that a lawyer would not have to do.We think the code of practice should be statutory because the Scottish Human Rights Centre receives a lot of complaints about solicitors.