Report and Recommendations - Scottish Government

of the suspect and subsequent criminal proceedings. For these reasons, theReview has concluded that it is neither necessary, nor would it beadvantageous, to confer a distinct status on a suspect.5.1.28 In the consultation document the Review addressed the extent to which thedistinction between detention and arrest remained valid and useful. The lawof arrest and detention is currently a mixture of somewhat antiquated commonlaw and modern statute, notably section 14 detention as now amended by the2010 Act. There may be a commonly held perception that a person canpresently be arrested where there are reasonable grounds to suspect him/her ofcommitting a crime, but, with some statutory exceptions, that is not strictlyaccurate other than in situations of urgency. A person can only be detained onreasonable suspicion for a limited period using the section 14 procedure. Theoverlapping of the legal rules leads to anomalies. For example, if a person isdetained, whether or not there are grounds for arrest, he/she can be questionedprovided he/she is afforded his/her right of access to a lawyer. If he/she isarrested and charged, he/she cannot be questioned, even if he/she has legaladvice.5.1.29 The Review considers that the opportunity should be taken to simplify,modernise and clarify the circumstances in which, where an individual isunder suspicion of having committed a crime, the lawful deprivation of his/herliberty can take place. The principal reason for having a detention proceduredistinct from arrest, as recommended by the Thomson Committee, was that thepolice could have a period within which they could pursue an investigation by89