Criminal Procedure (Scotland) Act 1995

Arrest: access to solicitor S

17 Right of accused to have access to solicitor. S

(1) Where an accused has been arrested on any criminal charge, he shall be entitled immediately upon such arrest —

(a) to have intimation sent to a solicitor that his professional assistance is required by the accused, and informing the solicitor—

(i) of the place where the person is being detained;

(ii) whether the person is to be liberated; and

(iii) if the person is not to be liberated, the court to which he is to be taken and the date when he is to be so taken; and

(b) to be told what rights there are under—

(i) paragraph (a) above;

(ii) subsection (2) below; and

(iii) section 35(1) and (2) of this Act.

(2) The accused and the solicitor shall be entitled to have a private interview before the examination or, as the case may be, first appearance.

[F1 17A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest S

(1) An accused arrested on a charge of committing a sexual offence to which section 288C of this Act applies by virtue of subsection (2) of that section shall be entitled to be told, immediately upon his arrest—

[F2 (a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,]

(b) that it is, therefore, in his interests to get the professional assistance of a solicitor; and

(c) that if he does not engage a solicitor for the purposes of [F3 the conduct of his case at or for the purposes of the] [F4 hearing], the court will do so.

(2) A failure to comply with subsection (1) above does not affect the validity or lawfulness of the arrest of the accused or any other element of any consequent proceedings against him.]

Textual Amendments

F1 S. 17A inserted (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9) , s. 3 , Sch. para. 2 ; S.S.I. 2002/443 , art. 3 (with art. 4(3) )

F2 S. 17A(1)(a) substituted for s. 17A(1)(za)(a) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1) , sch. 7 para. 29(a) ; S.S.I. 2011/178 , art. 2 , sch.

F3 Words in s. 17A(1)(c) inserted (4.12.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) , ss. 25 , 27(1) , Sch. para. 3(b) ; S.S.I. 2004/405 , art. 2 , Sch. 1 (subject to arts. 3 , 4 )

F4 Word in s. 17A(1)(c) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1) , sch. 7 para. 29(b) ; S.S.I. 2011/178 , art. 2 , sch.