Opening statement from Chair

The Inquiry Chair, Lord Bracadale, opened today's hearing with a statement on the terms of reference and how they relate to this block.

Lord Bracadale said: "In this hearing the Inquiry will hear evidence from various witnesses currently or formerly associated with the Crown Office. The terms of reference as they relate to the Lord Advocate are subject to a limitation. The inquiry is required to examine the post-incident management process and investigation up to, but not including, the decision by the Lord Advocate as to any prosecution in the case, including the statutory review in respect of that decision.

"It is appropriate, therefore, that at this stage I give an indication as to how the inquiry should proceed in order to respect that exclusion.

"The inquiry will not examine the following:

• the prosecutorial decision and reasoning of the Lord Advocate; 
• the prosecutorial decision and reasoning of Crown Counsel; 
• the recommendations and advice given by the procurator fiscal in reporting the case to Crown Counsel; and
• which particular potential crimes the Lord Advocate, Crown Counsel and members of the Crown Office and procurator fiscal service considered could be relevant.

"Subject to these exclusions, the Inquiry will examine the post-incident management process and investigation conducted by the Crown."