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| Version 1 | Version 2 |
|---|---|
| Human rights issue over arrests | Human rights issue over arrests |
| (30 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. |
| If this case is upheld it's on a collision course with Scottish legal procedure Neil HayMTM Defence Lawyers | |
| However, following the case in Turkey of a 17-year-old youth who confessed during questioning, 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. |
| Neil Hay, of MTM Defence Lawyers in Falkirk, told BBC Radio's Good Morning Scotland programme that the judgement could affect thousands of cases currently going through the Scottish court system. | |
| He said: "There are some cases this judgement will affect and they are those where there's very little evidence, for instance domestic abuse, sexual assaults and rape. | |
| "In Scotland the law says that in order to convict a person there must be two sources of evidence. | |
| "If this judgment is upheld in the courts in Scotland it will mean one of those sources, that is the police interview which might often amount to a confession, would not be able to be used by the prosecution at the trial." | |
| Mr Hays said trials throughout Scotland were already being delayed to await a ruling from the Privy Council in London. | |
| He added: "If this case is upheld it's on a collision course with Scottish legal procedure." |