Report and Recommendations - Scottish Government

prudent, therefore, to constrain any period of liberation without charge. Abalance needs to be struck. It is proposed that the period of investigativeliberation on conditions should be limited to a maximum of twenty-eight days.It is important to protect the suspect against repeated periods of detentionwhich accumulate beyond the twelve hour maximum. Any period spent in precharge/report detention throughout, before or interspersed between, periods ofliberation on conditions will require to be aggregated and must not exceed thetwelve hour maximum.5.3.13 A robust framework is needed to avoid uncertainty. Investigative liberationshould only be permitted on the basis that there remains reasonable cause tosuspect the person of the particular offence. When it is granted, the policemust provide a time and place for a return to the police station, when, ofcourse, the rights of access to a lawyer would revive. The conditions forliberation should include specific special conditions, which are necessary forthe proper conduct of the investigation, such as prohibiting the suspect fromvisiting a particular area, speaking to certain people and makinghimself/herself available for other legitimate investigative purposes. Breachof conditions of investigative liberation should be an arrestable offence ascurrently is the case for a breach of a condition of an undertaking.5.3.14 The exercise of these powers will require to be subject to independent judicialscrutiny. There should be a simple summary process, whereby the suspectmay make an application to the sheriff for a review of any investigative130