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CUSTODIES & UNDERTAKINGS

Solicitors on call 24 hours a day

Custodies: A family member or friend in police custody is worrying. You need information and they need advice. We attend police stations to see our clients. 

Call immediately for us to assist. We are available to discuss custodies 24 hours per day.

Undertakings: Due to recent changes in the law police more often than not release people after charge to appear at court at a later date on an undertaking.  Should you have been released from police custody on an undertaking, call us and we can advise and ensure representation at any court in Scotland. 

New measures around the arrest and questioning of suspects came into force in Scotland in early 2018.

The changes are intended to provide a balance between proper investigation of offences and the protection of suspects’ rights whilst in police custody.

It’s important to remember that all persons in custody still have the right to a private consultation with a solicitor at any time.

Here is a brief summary of the changes:

  • Abolish the separate concepts of arrest and detention, and replace them with a single statutory power of arrest without warrant where there is reasonable grounds for suspecting a person has committed an offence;

  • Enable police to release a suspect for further investigation with conditions (for up to 28 days) with the power to re-arrest;

  • Place a duty on police to take every precaution to ensure a person is not unnecessarily held in police custody and explicitly protects a person’s right to remain silent;

  • Extend the rights of those held, giving them the right to speak to a solicitor, regardless of whether or not they are going to be interviewed;

  • Enhance protections for under 18s and include protections for 16 and 17 year olds which balance the right to self-determination;

  • Include a duty to safeguard and promote the wellbeing of a child as a primary consideration when deciding whether to arrest the child.