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Arrested in Scotland?
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Pending a decision by the Supreme Court of the United Kingdom in the case of Cadder v HMA, the Lord Advocate has issued interim guidance to the eight Chief Constables in Scotland on allowing suspects access to solicitors prior to interview and charge.
This is an important update to the current Law on accessing a solicitor in Scotland after having been arrested by the Police.
The Lord Advocate's guidance can be found on the Crown Office and Prcutrator Fiscal Service website (http://www.copfs.gov.uk). The specific document can be found at http://www.copfs.gov.uk/Resource/Doc/7/0000630.pdf
The gudelines came into force on 9 June 2010 for a number of offences and come into force for the remaining offences on 8 July. A list of those covered from 9 June can be found on page 4 of the above document.
This is an important update to the current Law on accessing a solicitor in Scotland after having been arrested by the Police.
The Lord Advocate's guidance can be found on the Crown Office and Prcutrator Fiscal Service website (http://www.copfs.gov.uk). The specific document can be found at http://www.copfs.gov.uk/Resource/Doc/7/0000630.pdf
The gudelines came into force on 9 June 2010 for a number of offences and come into force for the remaining offences on 8 July. A list of those covered from 9 June can be found on page 4 of the above document.
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Comments
I thought some people might find it useful.
It'd probably be more useful if you gave us a précis of it with just the relevant points highlighted. Most of us might drop off with all this legal spea.... Zzzzzzzzzzzzz.
Really, all it says is that for those arrested for the following offences are entitled to see a solicitor before being interviewed by the police (unless special circusmstances exist or there is an unreasonable delay in a solicitor attending) from 9 June 2010:
• All homicides (including drugs deaths);
• Attempted murder and offences of serious violence;
• All sexual offences (including historical allegations) and
• Road traffic fatalities where such fatality is believed to have been caused by a contravention of the Road Traffic Act 1988; and
• All other cases which are likely to be prosecuted in solemn procedure. (i.e. are likely to be tried before a jury)
For anything not included above the right to access a solicitor before being interviewed by the police (unless special circusmstances exist or there is an unreasonable delay in a solicitor attending) from 8 July 2010.
There are a few more caveats, and what is meant by "special circumstances" and an "unreasonable delay" are defined. They are only temporary guidelines in place until 20 October 2010 when the Supreme Court gives its judgement on the matter.