Report and Recommendations - Scottish Government
Report and Recommendations - Scottish Government Report and Recommendations - Scottish Government
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5.3 LIBERATION FROM POLICE CUSTODYIntroduction5.3.1 Article 5 permits the deprivation of liberty only when necessary for certainpurposes. It is implicit, therefore, that the suspect must not be detainedbeyond the point when there ceases to be a need for him/her to be held incustody. The decision to arrest the suspect does not mean that it will benecessary to continue to hold (or “detain”) him/her until his/her appearance incourt. Although the purpose of arrest and, thereafter, detention, under theproposed new regime, must remain to bring the suspect before the competentlegal authority, the Convention does not set out what criteria might be appliedto determine when it is necessary or proportionate for a suspect to remain incustody pending court appearance. The presumption must be in favour ofliberation in all cases and the main reasons for which a suspect will continueto be held in police custody legitimately must, as previously outlined, beconfined to situations in which he/she poses some risk, either to an individual,the public or the interests of justice, if at liberty.5.3.2 The Review is not concerned with the liberation of suspects once they haveappeared in court on petition or summary complaint. Such liberation, orremand to prison, is a matter for the sheriff or Justice of the Peace and, onappeal, the High Court, in terms of relatively well known and establishedprinciples. The Review is concerned with the liberation of suspects during thedifferent stages, and at the end, of an investigation, prior to that appearance.123
- Page 73 and 74: 5.0 CUSTODY CHAPTERS OVERVIEW5.0.1
- Page 75 and 76: next step, as quickly as possible.
- Page 77 and 78: 5.1 ARREST AND DETENTIONIntroductio
- Page 79 and 80: 5.1.6 The Review has considered whe
- Page 81 and 82: Arrest without warrant5.1.9 A polic
- Page 83 and 84: 5.1.12 It was because of this lack
- Page 85 and 86: 5.1.15 Reasonable suspicion permits
- Page 87 and 88: arrest, without warrant, any person
- Page 89 and 90: interview. The Court stated that th
- Page 91 and 92: of the suspect and subsequent crimi
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- Page 95 and 96: justified by the evidence gathered
- Page 97: (d) may destroy evidence, interfere
- Page 100 and 101: Current law5.2.3 In terms of sectio
- Page 102 and 103: 5.2.5 Particularly in view of the t
- Page 104 and 105: individuals were being detained wit
- Page 106 and 107: significant crimes, reflected that
- Page 108 and 109: ConsiderationThe period before char
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- Page 112 and 113: ignored. There are about 100 detent
- Page 114 and 115: 5.2.26 Scotland is a small jurisdic
- Page 116 and 117: 5.2.29 Continuing with the custody
- Page 118 and 119: 5.2.32 The sheriffs principal and s
- Page 120 and 121: jurisdictions where judicial or oth
- Page 122 and 123: where they are uncertain of what th
- Page 126 and 127: The grounds for arrest and initial
- Page 128 and 129: procurator fiscal consider that the
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- Page 132 and 133: prudent, therefore, to constrain an
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- Page 136 and 137: ⎯ the exercise of the powers to l
- Page 138 and 139: the nature and scope of police ques
- Page 140 and 141: suspect the right of access to an a
- Page 142 and 143: involving the suspect having inform
- Page 144 and 145: 6.1.3 It was essential that the Rev
- Page 146 and 147: 6.1.7 In Ireland 7 , a suspect in c
- Page 148 and 149: lawyer at that stage, although the
- Page 150 and 151: detained suspect must have prompt a
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- Page 154 and 155: doubt remain dependent upon the sta
- Page 156 and 157: of non-qualified persons posed a pr
- Page 158 and 159: eing interviewed, or otherwise hind
- Page 160 and 161: proportionate. If a conflict does o
- Page 162 and 163: 6.1.36 In England and Wales, resear
- Page 164 and 165: context and returning to the genera
- Page 166 and 167: Waiver6.1.41 The European Court has
- Page 168 and 169: until shortly before his/her attend
- Page 170 and 171: ⎯ the right of access to a lawyer
- Page 172 and 173: and whether there is sufficient evi
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