Cutting ‘arrest’ time risks lives, warn police

Police have concerns over changes to the criminal justice system. Picture: Julie Bull

Assistant Chief Constable Malcolm Graham warned members of the Scottish Parliament justice committee that more time was occasionally needed, particularly in the most serious crimes such as rape and homicide.

Mr Graham said: “In a very small proportion of cases some extension is required, but without these extensions the ends of justice may not have been met.

“We do have the vast majority of cases dealt with in under six hours. But after this point there are a number of cases that need to be extended.

“It could hamper our ability to keep people safe.”

Mr Graham was giving evidence to MSPs in a debate on proposals included in the Scottish Government’s Criminal Justice Scotland Bill.

His concerns were shared by prosecutors, including David Harvie, director of serious casework at the Crown Office and Procurator Fiscal Service. He insisted police needed to be able to hold suspects for up to 24 hours in some investigations.

Mr Harvie said: ”In the most complex cases there is a case for being able to have 24 hours. There’s no suggestion this has been used excessively.”

Calum Steele, general secretary, of the Scottish Police Federation, also warned that cases could be thrown out of court if a proposal to widen the definition of “arrest” were implemented.

The term “arrested”, which strictly only applies once a person has been charged with a crime, may soon include those detained without charge, under proposals in the bill.

Mr Steele said: “I fear that the consequence of just changing terminology without largely changing its content, and having perhaps the wrong information recorded as a consequence of dealing with a new set of processes … could lead to cases being thrown out of court.”

However, Murdo Macleod QC, of the Faculty of Advocates, backed the government and said 12 hours to hold suspects “would be sufficient”.

Describing officers’ powers as already “quite stringent”, he pointed out they were able to recall suspects for interview after releasing them if need be.

Grazia Robertson, a member of the Law Society of Scotland’s criminal law committee, also backed the change, adding it was right the bill “curtails the time, as it restricts a person’s liberty”.

The bill is currently making its way through parliament, and has already attracted criticism over plans to end the requirement for corroboration, under which two independent pieces of evidence are needed to bring a case to court.

The Scottish Government has said removing the need for corroboration and reducing the length of time a suspect can be held without charge are both necessary steps.

A Scottish Government spokeswoman said: “Twelve hours was the time that Lord Carloway recommended in his review as being an appropriate period for police custody prior to charge.

“This period of 12 hours is further augmented with provision which allows police to have split periods of custody and to liberate a suspect during the 12-hour detention period on investigative liberation.

“We are willing to listen to arguments for an extension in certain circumstances if evidence is shown where that may be necessary.”

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