Post AcJSICUTqmwfy4kcim by Cyclist@mastodon.scot
 (DIR) More posts by Cyclist@mastodon.scot
 (DIR) Post #AcJSIBWDSqjuxAYUmu by BylinesScotland@mastodon.social
       2023-11-29T13:38:41Z
       
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       🆕 The public has lost patience with Police Scotland and Operation Branchform | @cluthaman After more than two years, the police inquiry into the SNP’s finances is still unfinished. Enough is enough.#Police #PoliceScotland #Scotland #investigationhttps://bylines.scot/news/scotland/the-public-has-lost-patience-with-police-scotland/
       
 (DIR) Post #AcJSICUTqmwfy4kcim by Cyclist@mastodon.scot
       2023-11-29T20:42:12Z
       
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       @BylinesScotland@mastodon.socia somewhat sloppy reporting - these people weren't "arrested". They were questioned by police, then let go. It's an important distinctionI expected better from Bylines#disappointed
       
 (DIR) Post #AcJSIDNQYUtiiUSVMm by peterbrown@mastodon.scot
       2023-11-29T21:26:55Z
       
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       @Cyclist it seems the language has changed. But arrest was the terminology used by the Police. I would have said interviewed.Seems nowadays if you are interviewed as a potential suspect you have been arrested, even if you present yourself voluntarily for interview. To me it is an abuse of language - highly misleading.
       
 (DIR) Post #AcJSIEI99cGfYOznm4 by drgeraint@glasgow.social
       2023-11-29T22:39:06Z
       
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       @peterbrown @Cyclist It was a change in the law, not just language. Last time this came up, @highlandlawyer explained that the Criminal Justice (Scotland) Act 2016 did away with detention:"S.14-17A of the Criminal Procedure (Sc) Act 1995 (which provided for "detention") was repealed by the 2016 Act, & the rules of arrest changed accordingly, following recommendations of the Carloway Review." https://mastodon.social/@HighlandLawyer/110527828031527401
       
 (DIR) Post #AcKEaJvzi11S4CKIhk by Cyclist@mastodon.scot
       2023-11-30T07:40:13Z
       
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       @drgeraint @peterbrown thanks for the explanation. Any idea why that was done?
       
 (DIR) Post #AcKGQuMtarc64pY5uy by drgeraint@glasgow.social
       2023-11-30T08:00:58Z
       
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       @Cyclist @peterbrown Yes, the Supreme Court had ruled that the previous practice in Scotland of police detaining people for up to 6 hours without access to a lawyer was unlawful, and changes were made following the Carloway Review: https://lx.iriss.org.uk/content/carloway-review-report-and-recommendations
       
 (DIR) Post #AcKI1q86PoUnbFntTM by HighlandLawyer@mastodon.social
       2023-11-29T22:20:04Z
       
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       @Cyclist Rules were changed in Criminal Justice (Sc) Act 2016: detention was abolished & anyone accused of a crime must be "arrested" for the police to question them, then released or charged. That was not widely explained to the public at the time.Incidentally such "arrest" starts the clock ticking for conclusion of proceedings. The ECtHR under ECHR Art.6 expects time from arrest to conclusion of any trial to be no more than 3 years unless there are specific reasons for it to take longer.
       
 (DIR) Post #AcKMcCli7bcG3RvSro by peterbrown@mastodon.scot
       2023-11-30T09:10:14Z
       
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       @drgeraint @Cyclist I have no argument whatsoever with them being obliged to give people access to a lawyer, but it seems changing the terminology from detained to arrested is not helpful. Detained feels much more temporary. (and is a more accurate representation.) Arrested is pretty final; after you’ve been arrested, your next destination is jail.