Report and Recommendations - Scottish Government

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