Search Legislation

Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

1Right of suspects to have access to a solicitor

This section has no associated Explanatory Notes

(1)The 1995 Act is amended as follows.

(2)In section 14 (detention and questioning at police station), in subsection (6)—

(a)in paragraph (e), for “subsection (1)(b) of section 15” substitute “sections 15(1)(b) and 15A(2) and (3)”, and

(b)in paragraph (f), after “15(1)(b)” insert “or 15A(2)”.

(3)In section 15 (rights of person arrested or detained)—

(a)in subsection (1)—

(i)for “section 17” substitute “sections 15A and 17”, and

(ii)in paragraph (b), the words “solicitor and to one other” are repealed,

(b)in subsection (4), for “section 17” substitute “sections 15A and 17”, and

(c)the title of the section becomes “Right of persons arrested or detained to have intimation sent to another person”.

(4)After section 15, insert—

15ARight of suspects to have access to a solicitor

(1)This section applies to a person (“the suspect”) who—

(a)is detained under section 14 of this Act,

(b)attends voluntarily at a police station or other premises or place for the purpose of being questioned by a constable on suspicion of having committed an offence, or

(c)is—

(i)arrested (but not charged) in connection with an offence, and

(ii)being detained at a police station or other premises or place for the purpose of being questioned by a constable in connection with the offence.

(2)The suspect has the right to have intimation sent to a solicitor of any or all of the following—

(a)the fact of the suspect’s—

(i)detention,

(ii)attendance at the police station or other premises or place, or

(iii)arrest,

(as the case may be),

(b)the police station or other premises or place where the suspect is being detained or is attending, and

(c)that the solicitor’s professional assistance is required by the suspect.

(3)The suspect also has the right to have a private consultation with a solicitor—

(a)before any questioning of the suspect by a constable begins, and

(b)at any other time during such questioning.

(4)Subsection (3) is subject to subsections (8) and (9).

(5)In subsection (3), “consultation” means consultation by such means as may be appropriate in the circumstances, and includes, for example, consultation by means of telephone.

(6)The suspect must be informed of the rights under subsections (2) and (3)—

(a)on arrival at the police station or other premises or place, and

(b)in the case where the suspect is detained as mentioned in subsection (1)(a), or arrested as mentioned in subsection (1)(c), after such arrival, on detention or arrest (whether or not, in either case, the suspect has previously been informed of the rights by virtue of this subsection).

(7)Where the suspect wishes to exercise a right to have intimation sent under subsection (2), the intimation must be sent by a constable—

(a)without delay, or

(b)if some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, with no more delay than is necessary.

(8)In exceptional circumstances, a constable may delay the suspect’s exercise of the right under subsection (3) so far as it is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders that the questioning of the suspect by a constable begins or continues without the suspect having had a private consultation with a solicitor.

(9)Subsection (3) does not apply in relation to the questioning of the suspect by a constable for the purpose of obtaining the information mentioned in section 14(10) of this Act..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources