Report and Recommendations - Scottish Government

window during which these investigations might be completed. Furtherquestioning in detention on the basis of the investigation results may continueup to a combined twelve hour maximum.4.0.11 The proposed regime of solicitor access operates primarily in the context ofthe Article 6 right to a fair trial. In all but the most exceptional cases,evidence of an admission made by the suspect before he has been afforded thatright will be inadmissible in any subsequent trial. That is the direct effect ofCadder. However, suspects have the ability to waive the right to speak to asolicitor and they often exercise that power for a variety of reasons. Waiver ofthe right is an important aspect of the Review and considerable care has beentaken to examine, and to make recommendations upon, the circumstances inwhich suspects, especially child and vulnerable adult suspects, can validlywaive the right. The Review has ultimately determined that children aged 16or 17 may waive their right of access to a lawyer, but only if their parent, careror responsible person agrees. Children aged 15 or under should not have thecapacity to waive the right. That is not to say that the police are therebyprohibited from questioning them with affording such access. The protectionsare only relevant where there are court or other formal proceedings incontemplation. In many situations, such proceedings will never take place and,if that is the case, questioning of a child at home or in school in informalconditions will remain an entirely appropriate process. The Review has madesimilar recommendations in relation to vulnerable adults but considers thatfurther work is needed in that area especially in relation to the qualifications,professional or otherwise, of an “appropriate adult”.66