Report and Recommendations - Scottish Government
Report and Recommendations - Scottish Government Report and Recommendations - Scottish Government
5.2 PERIOD OF CUSTODYIntroduction5.2.1 The period during which a suspect can be detained in police custody requiresto be closely regulated. As explored in detail in the last chapter, the purposeof arrest and detention by the police is to bring the suspect to court as anaccused person. Article 5 requires the suspect to appear in court “promptly”and the maximum time allowed by the law for that process to be completed isof vital importance to the protection of human rights. This chapter dealsprincipally with setting the extreme parameters of time beyond which thereshould be no deliberate straying without judicial sanction.5.2.2 The Review recognises that there has been much debate over the period forwhich the police should be permitted to detain a suspect for questioning. Thenature and extent of police questioning in the context of the fair trialrequirement are considered in Chapter 6.2. But the important consideration inArticle 5 terms is not so much the time for questioning or investigationgenerally but the overall period permitted before a suspect must be broughtbefore the court, when he/she has the opportunity of requesting a judicialdetermination on the lawfulness, including proportionality, of his/hercontinued detention.97
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- Page 75 and 76: next step, as quickly as possible.
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- Page 83 and 84: 5.1.12 It was because of this lack
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- Page 105 and 106: for another thirty-six hours 13 , b
- Page 107 and 108: delay; (b) the period is reasonably
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- Page 117 and 118: work. The Review does not pretend t
- Page 119 and 120: ut relative to suspects who have be
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- Page 125 and 126: 5.3 LIBERATION FROM POLICE CUSTODYI
- Page 127 and 128: Current lawSuspect at Liberty5.3.4
- Page 129 and 130: may be possible to challenge these
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5.2 PERIOD OF CUSTODYIntroduction5.2.1 The period during which a suspect can be detained in police custody requiresto be closely regulated. As explored in detail in the last chapter, the purposeof arrest <strong>and</strong> detention by the police is to bring the suspect to court as anaccused person. Article 5 requires the suspect to appear in court “promptly”<strong>and</strong> the maximum time allowed by the law for that process to be completed isof vital importance to the protection of human rights. This chapter dealsprincipally with setting the extreme parameters of time beyond which thereshould be no deliberate straying without judicial sanction.5.2.2 The Review recognises that there has been much debate over the period forwhich the police should be permitted to detain a suspect for questioning. Thenature <strong>and</strong> extent of police questioning in the context of the fair trialrequirement are considered in Chapter 6.2. But the important consideration inArticle 5 terms is not so much the time for questioning or investigationgenerally but the overall period permitted before a suspect must be broughtbefore the court, when he/she has the opportunity of requesting a judicialdetermination on the lawfulness, including proportionality, of his/hercontinued detention.97
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