Solicitors in talks over suspects' right to a lawyer

Published on Friday 25 June 2010 00:10

LAWYERS held high-level talks yesterday to raise concerns over a shake-up of suspects' access to solicitors while being questioned by police in Scotland.

Members of the Law Society of Scotland met justice secretary Kenny MacAskill this week after they claimed that the interim guidance was in "direct conflict" with the code of conduct for solicitors.

Yesterday's talks took place after the Crown issued the guidance to try to "minimise risk" pending the outcome of a human rights appeal at the Supreme Court.

As a result, suspects are being advised they can have access to a solicitor when being questioned by police.

Under Scots law, before suspects are formally arrested, police can question them without giving them automatic access to a lawyer. In England and Wales, an accused person has a legal right to a lawyer.

Jamie Millar, president of the Law Society of Scotland, said: "We understand why the interim guidelines were introduced, but in their current form they present practical difficulties for solicitors in their day-to-day work. However, we are confident that, by working together, we can resolve any issues to ensure that the administration of justice continues to work in the interests of the public."

The Law Society of Scotland is to join a working group, which will include the Crown Office, the Association of Chief Police Officers in Scotland and the Scottish Legal Aid Board, to look at how best to operate under the interim guidelines in the short term.

A spokeswoman for the Crown Office said: "The deputy Crown Agent and director of operations from the Crown Office met with the Law Society today to discuss the Lord Advocate's interim guidelines to police, issued earlier this month ahead of the Supreme Court's decision. Discussions were positive and further discussions are planned."