Report and Recommendations - Scottish Government

the detention period, whether that is set at the six, twelve, twenty four hour orother maximum limit. Under a new regime of arrest only, it is desirable thatthis area be regulated so that there is a maximum period beyond which thepolice cannot simply hold a person in custody without charging him/her withan offence or alternatively at least advising him/her that he/she is to bereported to the procurator fiscal with a view to being charged with a particularoffence. That would start the clock running for court appearance.5.2.16 The Review considered whether there might be situations in which the policewould invite a suspect to attend at a police station voluntarily and questionhim/her for some time under that regime, thus avoiding the commencement oftime running for both questioning and court appearance. However, in theabsence of complaints that this has been something done in practice in relationto section 14 detention, no recommendation is made to have any time spentvoluntarily at the police station count towards the maximum custodial period.This may require review if circumstances change.5.2.17 Prior to Cadder, suspects against whom there was insufficient evidencerequired to be released after only six hours. This highly restrictiveinvestigative window ended with the consequent 2010 Act. As alreadycommented upon, the short time limit had probably already become unrealisticin many, especially serious, cases. There are several different types ofsituation to be embraced and practical solutions have to be sought which, in allcircumstances, ensure the protection of the suspect’s rights to liberty and to afair trial but, at the same time, promote an effective and efficient system for107