Report and Recommendations - Scottish Government

6.1.19 Stipulating that the right to be provided with access to a lawyer arises onlywhen the suspect is in the police station, whether voluntarily or in detention,makes the law straightforward and readily understandable. It is also the onlypractical place at which access to legal advice can normally be arranged. Thisaim has already been achieved by the 2010 Act. Such a scheme does notprevent a suspect who is not at a police station from making his/her ownarrangements to access a lawyer.6.1.20 It is now appropriate, however, if the risk of article 6 unfairness is to bereduced so far as practicable, that the standard caution prior to the questioningof a suspect outwith a police station include that the suspect has a right ofaccess to a lawyer, if he/she wishes. In the event that he/she elects to access alawyer, but fails to do so within a reasonable time, he/she will require toaccompany the police to the police station on a voluntary basis or be arrestedand taken to a police station so that such legal advice can be made availableprior to interview. That may be unfortunate in some cases, but it may be aninevitable result of Cadder and Ambrose.6.1.21 The Review is conscious of the fact that, although at present the recording ofquestioning outwith a police station is rare, advances in audio and videotechnology are such that this may be possible in many cases in the near future.It may be, therefore, that interviews at a suspect’s home or elsewhere becomemore practicable and could occur with, or without, the presence of a solicitor.It is likely to become much more feasible to have remarks made at a locusrecorded by police officers at the scene, but the admissibility of those will no151