Changes to arrest and questioning before and after the Cadder ruling

BEFORE CADDER

• The suspect either enters a police station voluntarily, or is detained by an officer – what follows only applies if he is detained.

• He is told he is being detained under Section 14 of the Criminal Justice Scotland Act, that he could be detained for up to six hours, and that police have reasonable cause to suspect he is guilty of an offence.

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• He is read his rights: "You are going to be asked questions, you are not under any obligation to answer, but if you do it will be recorded and could be used in evidence against you."

• He is asked if he wants someone to be informed – a friend, relative or lawyer.

• If he says lawyer, that person is called and told he has been detained, but police are not under obligation to give the suspect access to the lawyer, even if requested.

• He is interviewed for up to six hours.

Police then have to either charge or release him.

• If they charge him, he may be bailed to return to the station at a later date or the case may be passed to the procurator fiscal. He may be detained to custody to appear in court the next day.

• If he is detained to custody, then his lawyer will be contacted and informed of what has happened.

AFTER CADDER

• The suspect either enters a police station voluntarily, or is detained by an officer – what follows only applies if he is detained.

• He is told he is being detained under the new Criminal Procedure Scotland Act, that he could be detained for up to 12 hours, with the possibility of that being extended by a further 12, and that police have reasonable cause to suspect he is guilty of an offence.

• He is read his rights. This is being reviewed separately and may change to more resemble the English wording: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

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• Before being interviewed the suspect is told he has the right to a lawyer and asked if he has one. If he does not, the duty solicitor will be contacted.

• The solicitor will either advise his client over the telephone, or will come down to be present during the interview.

• At the 12-hour mark, police must get the approval of an inspector if they wish to continue to hold the suspect without charge.

• Police will review the case at the 18-hour mark. The solicitors would contact police on behalf of their clients at six-hour intervals.

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