Report and Recommendations - Scottish Government
Report and Recommendations - Scottish Government Report and Recommendations - Scottish Government
the standard bail conditions and, in that connection, can be to prohibit a personfrom being in a particular area or contacting a particular person. But it cannotinclude special conditions, such as curfew requirements.Custody Post Charge and pre Court Appearance5.3.9 The principal reason for the Crown bringing suspects before the court incustody under the current regime should be to secure either their remand incustody or the imposition of special bail conditions. The procurator fiscal haspower to liberate a suspect, but no power to release him/her subject toconditions, although he/she could presumably authorise the police to havedone so.Consideration5.3.10 As described in the previous chapter, the general principle that personssuspected of an offence are not unnecessarily or disproportionately kept incustody must be maintained. The presumption, albeit rebuttable, must alwaysbe in favour of liberty. Even where reasonable suspicion continues, a suspectshould not be detained longer than is necessary and proportionate. Liberation,subject to conditions, for a limited period whilst the police investigation iscompleted would seem a sensible alternative to prolonged detention in somecases.5.3.11 Under the regime proposed in this Review, a suspect could be arrested,detained and questioned for a limited period prior to charge or report to the128
procurator fiscal. If released without charge, it would be envisaged that,similar to the provisions for detention at present, the suspect could be rearrestedon suspicion of the same crime, but any period of pre charge detentionwould be reduced by any earlier period in detention for that offence.Especially where a suspect has been detained in situations of urgency, it maybe convenient for both the police and the suspect if the suspect were to bereleased relatively early on in the detention period, but required to return to thepolice station for questioning at a later date, by which time certain necessaryor desirable investigations might have been completed. It will often bereasonable for the police to advise the suspect of their intended course ofaction, but there will be many situations in which the investigation would bejeopardised were the police to inform the suspect of their plans.5.3.12 It is recognised that having split periods of detention may lead to uncertaintyfor a suspect. It would result in a longer period under which he/she remainedunder suspicion, as distinct from being charged or not. If no further provisionwere made, if a suspect were arrested and detained, he/she would either haveto be released unconditionally or charged (and released or reported in custody)at the end of the investigative period. Investigative liberation pending adecision to charge would, if created, mean that the suspect would still be“officially” under suspicion. This could cause practical problems for suspects.For example, if a person were liberated in relation to a sexual offence, thiscould lead to him/her being suspended from his/her job. The longer theliberation period, the greater the potential detrimental impact to the suspect,especially if, eventually, he/she were cleared of all suspicion. It would seem129
- 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
- Page 93 and 94: appropriate ground for both arrest
- 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
- Page 110 and 111: the investigation and prosecution o
- 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 124 and 125: 122
- Page 126 and 127: The grounds for arrest and initial
- Page 128 and 129: procurator fiscal consider that the
- Page 132 and 133: prudent, therefore, to constrain an
- Page 134 and 135: to challenge any conditions before
- 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
- Page 152 and 153: interview. That is the general posi
- 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
- Page 174 and 175: the degree of suspicion, and to adv
- Page 176 and 177: is detained 7 . Regardless of wheth
- Page 178 and 179: at the diet of trial to exclude his
the st<strong>and</strong>ard bail conditions <strong>and</strong>, in that connection, can be to prohibit a personfrom being in a particular area or contacting a particular person. But it cannotinclude special conditions, such as curfew requirements.Custody Post Charge <strong>and</strong> pre Court Appearance5.3.9 The principal reason for the Crown bringing suspects before the court incustody under the current regime should be to secure either their rem<strong>and</strong> incustody or the imposition of special bail conditions. The procurator fiscal haspower to liberate a suspect, but no power to release him/her subject toconditions, although he/she could presumably authorise the police to havedone so.Consideration5.3.10 As described in the previous chapter, the general principle that personssuspected of an offence are not unnecessarily or disproportionately kept incustody must be maintained. The presumption, albeit rebuttable, must alwaysbe in favour of liberty. Even where reasonable suspicion continues, a suspectshould not be detained longer than is necessary <strong>and</strong> proportionate. Liberation,subject to conditions, for a limited period whilst the police investigation iscompleted would seem a sensible alternative to prolonged detention in somecases.5.3.11 Under the regime proposed in this Review, a suspect could be arrested,detained <strong>and</strong> questioned for a limited period prior to charge or report to the128
Change language