C4C2C5C3C9PART 1ARREST AND CUSTODY

Annotations:
Modifications etc. (not altering text)
C4

Pt. 1 applied (with modifications) by 2003 c. 20, s. 31A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 2 (with art. 6))

C2

Pt. 1 applied (with modifications) by 1994 c. 33, s. 137ZA (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 1 para. 4 (with art. 5(2)))

C5

Pt. 1 applied (with modifications) by 2004 c. 20, s. 56A (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 3 (with art. 6))

C3

Pt. 1 applied (with modifications) by 1987 c. 4, s. 2D (as inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), art. 2(2)(a)(f), Sch. 2 para. 1 (with art. 6))

C4C2C7C5C6C3C8C1C9CHAPTER 4POLICE INTERVIEW

Annotations:

Rights of suspects

I132Right to have solicitor present

1

Subsections (2) and (3) apply to a person who—

a

is in police custody, or

b

is attending at a police station or other place voluntarily for the purpose of being interviewed by a constable.

2

The person has the right to have a solicitor present while being interviewed by a constable about an offence which the constable has reasonable grounds to suspect the person of committing.

3

Accordingly—

a

unless the person consents to being interviewed without having a solicitor present, a constable must not begin to interview the person about the offence until the person's solicitor is present, and

b

the person's solicitor must not be denied access to the person at any time while a constable is interviewing the person about the offence.

4

Despite subsection (3)(a) a constable may, in exceptional circumstances, proceed to interview the person without a solicitor being present if it is necessary to interview the person without delay in the interests of—

a

the investigation or the prevention of crime, or

b

the apprehension of offenders.

5

A decision to allow the person to be interviewed without a solicitor present by virtue of subsection (4) may be taken only by a constable who—

a

is of the rank of sergeant or above, and

b

has not been involved in investigating the offence about which the person is to be interviewed.

6

For the purposes of subsections (2) and (3), a constable is not to be regarded as interviewing a person about an offence merely by asking the person for the information specified in section 34(4).

7

Where a person consents to being interviewed without having a solicitor present, there must be recorded—

a

the time at which the person consented, and

b

any reason given by the person at that time for waiving the right to have a solicitor present.