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| Human rights issue over arrests | Human rights issue over arrests |
| (10 minutes later) | |
| The Scottish Government is to consider a European Court of Human Rights ruling to see if it may affect thousands of criminal convictions in Scotland. | The Scottish Government is to consider a European Court of Human Rights ruling to see if it may affect thousands of criminal convictions in Scotland. |
| Last November, judges in Strasbourg quashed the conviction of a man in Turkey because he did not have a lawyer present during a police interview. | Last November, judges in Strasbourg quashed the conviction of a man in Turkey because he did not have a lawyer present during a police interview. |
| In Scotland an accused person can be detained for six hours and interviewed by police without legal representation. | In Scotland an accused person can be detained for six hours and interviewed by police without legal representation. |
| The Scottish position may now be tested in the House of Lords. | The Scottish position may now be tested in the House of Lords. |
| The Criminal Procedure (Scotland) Act 1980 introduced statutory powers of detention for six hours for the purpose of investigation. | The Criminal Procedure (Scotland) Act 1980 introduced statutory powers of detention for six hours for the purpose of investigation. |
| During this period, the suspect is entitled to notify a solicitor and one other person that they have been detained. | During this period, the suspect is entitled to notify a solicitor and one other person that they have been detained. |
| After six hours the person must be freed or charged. Lawyers can be present during any subsequent interviews. | After six hours the person must be freed or charged. Lawyers can be present during any subsequent interviews. |
| However, following the case of a 17-year-old Turkish youth, concern has been raised that this provision in Scots law may fall foul of European Human Rights legislation. | However, following the case of a 17-year-old Turkish youth, concern has been raised that this provision in Scots law may fall foul of European Human Rights legislation. |
| If the House of Lords finds it is not compliant with this legislation, it could lead to convictions being re-examined with defence lawyers challenging key police evidence. | If the House of Lords finds it is not compliant with this legislation, it could lead to convictions being re-examined with defence lawyers challenging key police evidence. |