Power of Scottish Police to Question Without Access to a Lawyer finally ended

Published: 11th November 2010
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It's taken twenty five years but finally detainees in Scotland currently possess comparable legal rights as the rest of the Uk (and the majority of genuine democracies). The Supreme Court ruled this week that detained suspects have the right to access a lawyer, and denying them that right is in direct violation of the European Commission on Human Rights.

Scotland's legal system possesses many selling points; the capability of law enforcement to hold and interrogate a suspect for up to six hours without allowing that person access to legal counsel not being one of them. Practically everywhere else in Europe have the right to supply legal advice to their clientele in questioning solicitors in West London, Paris, Brussels, Berlin, Rome, and pretty much everywhere else in Europe have the ability to provide their customers legal advice while being questioned. The case the supreme court just ruled on is known as the Cadder case. A teen from Glasgow is the individual who brought the case against the government, after being found guilty of assault at least in part because of testimony acquired when he was denied access to a attorney.


The Scottish government has been working overtime to manage the ramifications of the decision. Over the years thousands of Scots have been found guilty on the basis of testimony gained through questioning the defendant without a lawyer, and one possible complication of this case is that many of these convictions might be thrown out.

The Scottish Parliament has already begun to draft legislation that will put Scotland in line with the European Commission on Human Rights. The adjustments are believed to cost Scotland around £4m a year.

While judges and lawyers in londoncheered, many Scots expressed regrets over the ruling. The Scottish Justice Minister, Kenny MacAskill, said with regard to the Supreme Court decision: "a decision we did not seek but it is one to which we must respond". Agreeing with Mr Mac Askill for once, The Shadow Justice Secretary expressed his displeasure that the Supreme Court would rule in a way that might invalidate numerous taped confessions.

It seems, however, that so many Scottish people are against to the decision mainly because they see it as the English interfering in their affairs. Whether this idea is true or not, human rights must be valued above petty national squabbles. It is well past time Scottish legal community embraced this attitude along with virtually every judge, lawmaker, Buckinghamshire solicitors and the continent.


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Source: http://gregjacobs.articlealley.com/power-of-scottish-police-to-question-without-access-to-a-lawyer-finally-ended-1835160.html


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