tag:blogger.com,1999:blog-1638916042737526171.post4645241349247198502..comments2024-03-28T07:16:39.621+00:00Comments on Lallands Peat Worrier: Holyrood's Cadder Act ~ “Imprisonment is Freedom”Lallands Peat Worrierhttp://www.blogger.com/profile/18276270498204697708noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-1638916042737526171.post-10708022459203567032010-10-30T12:30:50.327+01:002010-10-30T12:30:50.327+01:00Indy,
In common with some other folk, Highland La...Indy,<br /><br />In common with some other folk, Highland Lawyer was having some difficulties posting his comments here. Here is his response to your questions:<br /><br /><i>Someone who needs to be sobered up does not need to be detained - they are arrested for breach of the peace and/or drunk and incapable. Once arrested a person can be held until released or taken to next court sitting (but not questioned while in custody). Usually in this situation they are released on a police undertaking, and report made to the PF to decide if he wants to take it further.<br /><br />On the mass melee scenario, from professional experience, two (or more) officers will grab one of the participants, then arrest them not detain them. There are at least two eye witnesses, possibly with video, so questioning before charge is unnecessary.<br /><br />Now there may be a problem finding enough solicitors to provide independent representation to all involved, but it will be a lot easier to find them first thing in the morning of a court day e.g. Monday, than at OMG hrs Saturday night/Sunday morning.<br /><br />The new legislation is supposed to give all detainees a legal right to consult with a solicitor. During the interim arrangements, all detainees were able to consult with a solicitor due to the policy change - not a permanent solution but it means all detentions during that period comply with the Cadder ruling. There was therefore no emergency.<br /><br />Finally, yes not everyone will be detained for 24 hours just as under the previous rules not everyone was detained for the full 6 hours. The difference is that a percentage of people will be held for that time, whereas previously no-one was.</i>Lallands Peat Worrierhttps://www.blogger.com/profile/07238432265194046726noreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-40295399566958558582010-10-28T17:12:18.703+01:002010-10-28T17:12:18.703+01:00Another point I forot to say - a friend of mine wh...Another point I forot to say - a friend of mine who used to be a police officer told me that the 6 hour detention period was often used to allow detained people to sober up before they were questioned. He said in the majority of assaults they dealt with people were under the influence so they were not able to question them there and then. So if you have to factor in a sobering up period for some people who are detained that would also need to be covered would it not?Indyhttps://www.blogger.com/profile/04383904151475839441noreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-59067395797894791082010-10-28T17:04:04.622+01:002010-10-28T17:04:04.622+01:00I don't really understand much of this but you...I don't really understand much of this but you seem to be suggsting that everyone who is detained is automatically going to be detained for a full 24 hours. Surely that is just the longest period that is allowed? It does not mean that everyone that gets lifted will be banged up for a full day and a night.<br /><br />As I understand it - and I'm not sure I do - the ruling does not just mean that a detained person must be "allowed" to have access to a solicitor. It means that they must have access to a solicitor. <br /><br />I don't imagine that is always going to be straightforward. Let's say, for example, that there is a re-run of the Battle of Langside of 1980 when hundreds of old firm fans fought a pitched battle against each other. As I recall dozens and dozens of fans were lifted that day. If something like that happened again, how easy would it be to organise for every one of those people to get a solicitor before the police questioned them? <br /><br />Or would the answer be for the police just to arrest them straight off before questioning them? Presumably they are able to detain people they have arrested for 24 hours.Indyhttps://www.blogger.com/profile/04383904151475839441noreply@blogger.com