Lawyers demand to see Lord Advocate over suspects' legal aid rights

Published on Friday 18 June 2010 01:15

LAWYERS have demanded an urgent meeting with Scotland's top law officer over new guidelines on giving suspects access to a solicitor when they are being questioned by the police. The Law Society of Scotland has raised serious concerns over guidance issued by the Crown Office over suspects' automatic access to solicitors.

The Society has now requested the meeting with Lord Advocate Elish Angiolini to try to resolve the issue.

In Scots law, police can question suspects before formal arrest without automatic access to legal representation; a situation different from that in England and Wales where an accused person has a legal right to a lawyer.

Oliver Adair, the Law Society of Scotland's legal aid convener, said the body's code of conduct stated that instructions to solicitors could only be accepted from a client, not the police.

He said: "The code states that instructions must come directly from the person detained and not by virtue of the police arranging for a specific solicitor to be contacted who is unknown to and has not been requested by the accused. This is in conflict with advice given in the guidelines."