ROBERTSON WYSE SOLICITORS

If you find yourself in Police custody about to be interviewed, or if the Police wish for you to attend the station on a voluntary basis for interview, we advise everyone exercise their right to speak with a Solicitor prior to being interviewed. Legal advice at this early stage is crucial and can make a real difference to the outcome of any future prosecution against you. Taking legal advice could be what stops a criminal conviction being recorded against you, which could have an impact on your liberty and/or livelihood.

We always have a Solicitor on call - 24 hours - to deal with Police custody advice and we can always consult over the phone. Please phone 01383 515020 – even out of hours. Your call will be redirected to someone who can help. We can attend with you in person at the Police station to guide you through the process. 

Information

Following the judgement in Cadder –v- HMA, UKSC [2010] 43, Scots Law recognised that a detained suspect must have the opportunity to consult a solicitor before being questioned in relation to a criminal allegation. As a direct result of the Cadder ruling, the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 came in to force thus making significant amendments to the Criminal Procedure (Scotland) Act 1995. The UK Supreme Court reflected the decision of the European Court of Human Rights (ECtHR), which held in Salduz v Turkey (2009) 49 E.H.R.R. 19, and subsequently, that the case against an accused person can be irretrievably prejudiced if they do not have access to a lawyer. The ECtHR recognised that the evidence obtained during the investigation stage provides the framework in which the offence is carried to trial. The accused person is particularly vulnerable given the stage of proceedings and complexity of the law. In most cases this can only be compensated by a lawyer whose task, amongst other things, is to ensure respect of the right not to incriminate oneself.

If you are under 18 or are vulnerable, for example if you have learning difficulties or mental health problems, then you have a right to have someone with you for the whole time that you are interviewed. This person is called your “appropriate adult” and they will be given a copy of this Notice.

Your appropriate adult will help you understand what’s happening and look after your interests. He or she must be with you when the police interviewer tells you about your rights and why you are being interviewed. He or she must also be with you when the police interviewer reads the police caution to you and asks if you consent to being interviewed.

Your appropriate adult can also ask for a solicitor on your behalf.

You can speak to your solicitor without your appropriate adult being present with you if you want to.

If your appropriate adult is available, they must be present when the police charge or report you for an offence.