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Letter of Rights - Cross Border Arrest

Letter of Rights - Cross Border Arrest

Thursday, March 1, 2018

ISBN: 9781788516730

A letter, provided to people held in police custody in England, Wales and Northern Ireland who are suspected of committing an offence in Scotland, setting out their rights in straightforward language whilst they are being held in police custody in a jurisdiction outside Scotland. This version was created in February 2018

Executive Summary

This Letter of Rights sets out the rights of people held in police custody on suspicion of committing an offence in Scotland but have been arrested and held in police custody for that offence in England, Wales or Northern Ireland, whilst they are waiting to be transferred to the custody of Scottish officers.

Key rights include: the right to know why you are arrested; the right to remain silent; the right to access free legal advice while in police custody; the right to have someone else told you are at the police station; rights in relation to enhanced protections for child suspects under 18 and nuanced protections for 16 and 17 year olds which appropriately balance the right to self-determination; and the right to urgent medical help.

The Letter was created in February 2018 to reflect changes brought about by new cross border arrest powers inserted into the Criminal Justice and Public Order Act 1994.