Police admit suspects lack privacy
Custody suites for meetings with solicitors fall behind schedule
PEOPLE locked up in some police stations still have nowhere to speak to their solicitors in private, Police Scotland has admitted.
The national force has sparked legal concerns after it said a programme of improvements to its cell blocks – or “custody suites” – to meet new human rights rules had fallen behind schedule.
Scotland’s stations are all supposed to get private facilities where suspects can meet with their lawyers after the landmark 2011 Cadder ruling ended the practice of denying legal advice.
However, Police Scotland this week quietly announced “slippage” in the scheme, meaning proposed capital spending had been knocked from 2015-2016 until the current financial year.
The force expects access to facilities to be enforced under the Criminal Justice Bill currently going through Parliament by 2017. Lawyers have warned that it is vital they can speak to their clients in confidence, even over the phone.
Grazia Robertson from the Law Society of Scotland Criminal Law Committee said: “The legislation makes it clear that the consultation has to be in private and it’s disappointing that implementation of custody suite adaptations might be delayed.
“Being detained can be a traumatic experience for anyone and it’s important that individuals have a private, safe and secure environment to seek legal assistance and discuss their issues with a solicitor.”
Police Scotland said some work had already been done to provide such services, with solicitors in several big cities saying they could access clients in private. This meets the recommendations of Lord Carloway, the now Lord President, who advised justice authorities on how to deal with the impact of the Cadder decision.
Superintendent Malcolm MacCormick, of Police Scotland’s Custody Division, said: “There are already processes in place to allow for private consultation with a solicitor. However, investment has been made in preparation for the forthcoming Criminal Justice (Scotland) Bill which is anticipated will be enacted in 2017.
“The first phase of the project has so far delivered 38 new and refurbished solicitor consultation rooms throughout the custody estate at the busiest custody centres. As part of the second phase of this project we intend to start work on the first of a further 14 rooms across six custody centres in the near future.
“While there have been some delays in construction due to factors including procurement rules, construction issues and management of multiple construction sites, this will not have any impact in terms of responding to the relevant recommendations made by Lord Carloway.”
Police Scotland transferred some £200,000 in savings because of the slippage on custody adaptations to its current financial year. This, along with delays to its muchawaited IT system, helped the force slash its financial black hole.
Ms Robertson said: “There needs to be a change in direction as it is the public – victims, witnesses and accused people – that suffer most as a result of these cuts.”