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Tuesday, 9 November 2010

Cross-border arrests may be legal grey area - Herald Scotland | News | Crime & Courts

Cross-border arrests may be legal grey area - Herald Scotland | News | Crime & Courts: "Scottish Police are risking “a legal grey area” when they detain suspects in other parts of Britain, an expert warned last night.
Recently retired Strathclyde superintendent George Barnsley believes last month’s landmark human rights judgment on the Cadder case has thrown up serious new hurdles to cross-border operations.
The veteran detective yesterday said the UK Supreme Court’s decision guaranteeing access to a lawyer to all those questioned in custody “raised a few more questions than it answered”.
So too, he said, did emergency and temporary legislation immediately passed by the Scottish Government to deal with the issues arising from the judgment, which was named after Glasgow teenager Peter Cadder, who brought the case.
The law now states that a detained suspect has the right to consult a lawyer. It also states that the amount of time he or she can be detained without charge is extended from six hours to 12 – and possibly 24 if this is approved by a senior officer. But it does not say how these new rules are to be obeyed for suspects in Scottish cases seized outside Scotland."

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