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Report and Recommendations - Scottish Government

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to a Hearing or prosecuted in court, <strong>and</strong> where that in fact happens, the generalprinciples of Salduz, Cadder <strong>and</strong> Ambrose will apply if any statement made bythe child is to be admitted in evidence. The child suspect requires to becautioned <strong>and</strong>, in accordance with the general recommendations in this report,he/she would have to be told of his/her right of access to a lawyer, even if notdetained in the manner explained in Ambrose. Should he/she wish to exercisethat right, it is possible that the child <strong>and</strong> his/her parent or other carer couldobtain all required legal advice by a telephone call to a named solicitor madefrom his/her own home. But that may not be possible for a variety of reasons.It would be almost inevitable at present that the child suspect would be askedto attend at a police station either voluntarily or in detention if he/she were tobe interviewed in connection with a crime, likely to lead to a prosecution orother legal process. However, even in borderline cases, if the police sought tointerview a child suspect for a crime, which may or may not result in legalproceedings, it is likely that the child would have to attend a police stationvoluntarily, or otherwise, were there to be a request or requirement that he/shehave access to a solicitor <strong>and</strong> that could not be obtained within a reasonabletime in the home environment.6.3.8 The reason for this is, first, that it is only in the police station that there arefacilities to record any interview electronically, although this may change inthe not too distant future, should the police be issued with devices capable ofrecording from wherever the police officer may be. Secondly, it is likely to bethe most convenient place, for all concerned, at which to secure the services ofa solicitor. It is at the police station that there are systems in place to contact206

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