Report and Recommendations - Scottish Government

of non-qualified persons posed a problem in relation to the quality of advicebeing tendered, which of itself in turn discouraged suspects from seekingadvice. Even in relation to qualified persons, research indicated that, to beeffective, the regime required the solicitor to be able to establish and maintaina relationship of trust with the client. This necessitated a willingness on thesolicitor’s part to take an active interest in the client’s predicament, includinghis/her welfare, to spend sufficient time to understand the nature and extent ofthat predicament and to provide reasonably comprehensive advice whereappropriate.Intimation6.1.27 The first step in securing the suspect’s right of access to a lawyer is the contactwith a solicitor made by the police at the police station. Section 15A (7) of the1995 Act states that intimation to a solicitor must be sent by a police constable.This has been interpreted by some as meaning that the intimation has to bedone personally by a police officer, as distinct from, for example, a civilianpolice employee. It has also been said that it means that a solicitor, and notsomeone from his/her office or call centre, must be spoken to. It would seemsufficient if the intimation is caused to be sent, rather than that it be donepersonally, by a police officer. Again, there is no need for the intimation to begiven to the solicitor personally. It should be sufficient if intimation is madeto the solicitor’s usual place of business or contact number. There is no reasonwhy the form of intimation should be restricted to telephone contact. What isimportant is that a system is developed that allows for the most effective andefficient means of contacting solicitors promptly. This should include e-mail154