Report and Recommendations - Scottish Government

difficulty in grasping when such situations could arise in practice short ofarrest, either at common law or under a specific statutory provision, ordetention. But it proceeds tentatively on the basis that there may be hybridsituations where a suspect has been restrained but not fully informed of his/herformal legal status. It must be recognised that, in such situations and those inwhich the person is under arrest or detention, it will often not be practicable toprovide access to a lawyer at the place of arrest, detention or informal restraint.That being so, unless the right is waived, the answers to any questions will beinadmissible until access is afforded.ConsiderationWhen and how the Right Arises6.1.16 In his submissions to the United Kingdom Supreme Court in Ambrose 23 , theLord Advocate argued that the right of access to a lawyer under Article 6 aroseonly when a suspect was in police custody and subject to interrogation. Thissubmission succeeded to the extent that, in terms of the protection afforded byArticle 6, the suspect required to be being questioned at a point when his/herposition was “sufficiently coercive” or he/she had been deprived of “hisliberty of movement”.6.1.17 Under the 2010 Act, when a suspect has been arrested and is detained at apolice station, or if he/she has attended a police station voluntarily, he/shemust be able to access a lawyer including before and during any police23 at para 61149