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The independent Public Inquiry into the investigation of Emma Caldwell’s murder in April 2005 has been formally set-up and begins its work today (9 Dec).

Justice Secretary Angela Constance informed Parliament on the formal setting-up date and on the Inquiry’s terms of reference through a Government Initiated Question today.

The statutory inquiry will examine what went wrong in the investigation carried out by Strathclyde Police into the murder of Emma Caldwell, including the direction given by the Crown Office and Procurator Fiscal Service.

It will examine what steps which could reasonably have been taken that might have resulted in Emma’s killer being apprehended and prosecuted at an earlier stage, and any other factors relevant to the circumstances of the investigation and related prosecution.

Now the Inquiry has been formally established, it is operating independently of the Scottish Government, under the direction of the Chair Lord Scott, and will make recommendations to Scottish Ministers to address any findings as soon as is practicable.

The Justice Secretary said:

“My thoughts continue to be with Emma Caldwell’s mother Margaret and her family, who have suffered unimaginable heartbreak. The Public Inquiry will look at what went wrong in the investigation of Emma’s murder and I hope it will provide the answers that the family need and deserve.

“I consulted with the Chair, Lord Scott, on the terms of reference for the Inquiry and also met the Caldwell family and other parties to discuss the Inquiry’s remit. While these terms do not feature all of the issues raised with me during discussions, I am satisfied that they are both well focused and sufficiently flexible and broad enough to allow the Chair to examine wider issues he may consider relevant to a robust, efficient and effective inquiry.”

The Inquiry Chair, Lord Scott, said:

"I welcome the publication of the terms of reference, which will allow the Inquiry to proceed with its important work.

"I was consulted on the terms of reference by Scottish Ministers and I am satisfied that they will allow a thorough investigation of all the issues involved." 

Background

Emma Caldwell was murdered in April 2005, aged 27. In February 2024 her killer was convicted and given a life sentence for Emma’s murder and violent offences against other women.

The terms of reference for the Inquiry have been published

Ahead of the announcement of the inquiry remit, the Justice Secretary met to discuss the terms of reference with the Caldwell family, Police Scotland, the Police Investigations and Review Commissioner, the Crown Office and Procurator Fiscal Service, the Scottish Police Authority, the Scottish Police Federation, Association of Scottish Police Superintendents and the Scottish Chief Police Officers Staff Association.

The terms of reference do not present a definitive list of every issue the Inquiry will consider. They specify areas of investigation which the Inquiry will interpret flexibly.

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.