SIGNIFICANT changes to Police Scotland’s power to arrest and detain suspects came into force yesterday – and the Law Society of Scotland says legal aid rates are inadequate for the increased workload this will create for solicitors.
The Criminal Justice (Scotland) Act introduces new police station procedures and extends the rights of suspects to see a solicitor at any stage while detained.
Another measure introduced under the legislation is “investigative liberation” which will allow the police to release a suspect under conditions and interview them at a later date.
The new law enhances protections for under-18s and includes a duty to safeguard and promote the well-being of a child as a primary consideration when deciding whether to arrest him or her.
Assistant Chief Constable Wayne Mawson of Police Scotland said: “We welcome the new Act and the opportunities it presents to offer a better balance within our criminal justice system to deliver positive outcomes for victims, keeping people safe, while protecting the rights of those suspected or accused of crime.
“Our officers and staff have taken part in specific training and are fully prepared for the new legislation.”
The Law Society said that with more than 160,000 people estimated to be eligible to access legal advice and increased numbers of consultations with vulnerable adults, the impact on solicitors’ working practices was likely to be substantial.
Ian Moir, convener of the Law Society of Scotland legal aid committee said: “While we accept the good intentions of the Act in protecting a suspect’s human rights and in particular some of our most vulnerable members of society, there are enormous resourcing implications. The proposed rates of legal aid fall well short of what we consider to be fair and reasonable.
“Individual solicitors and their firms have to make a decision on whether to take part in the revised police station scheme and throughout our discussions we highlighted to Scottish ministers that there was a risk of solicitors choosing to opt out of the scheme.”
Evidence has emerged that many solicitors’ firms across Scotland are refusing to take part in the revised scheme, but Moir added: “We are meeting with the Government in the near future and hope to find a constructive way forward.”
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