Report and Recommendations - Scottish Government

“…Society must make up its mind whether or not such things asdetaining and questioning suspects are acceptable, and either prohibitthem, or legalise them under suitable safeguards.The extent of the protection afforded to accused persons by the rules ofcriminal procedure is an index of the social conscience and stability ofa society and of its respect for human rights…”.2.0.14 The Committee stressed that Scots law on police questioning was notgrounded so much upon a constitutional or philosophic basis, such as theprivilege against self incrimination 25 , but on a conception of fairness and theneed for the courts to control police activity. The approach of the Committeeto “interrogation” was stated simply 26 :“a. Subject to statutory exceptions no one should be under a legalobligation to give information to the police.b. The police should not exert any pressure on any person to make himgive information to them. In particular they should not offerinducements, threaten, bully, or deprive of rest or food.c. It is reasonable and necessary for the police to ask questions in thecourse of a criminal investigation.d. It is unreasonable and unrealistic to expect the police not to askquestions of a person whom they suspect of an offence.e. Once the police have reached the stage where the person concernedshould be arrested and charged, any further answers to their questionsshould be inadmissible as evidence.f. There should be a reliable record of police interrogation”.2.0.15 The Committee had considered that it was “only reasonable” for aninvestigator (i.e. the police) to ask questions of those concerned in aninvestigation. The more the police suspected a person, the more they would25 cf the LJG in Chalmers (supra)26 para 7.0331