GLASGOW BAR ASSOCIATION
2nd July 2010
GBA ADVICE ON POLICE INTERVIEWS

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On 8th July 2010, the Criminal Legal Assistance (Fees) (Scotland) Regulations 2010 come into force. Following upon an urgently convened meeting of the membership of the GBA on 1st July 2010, which was attended by Neil Stevenson and Andrew Alexander from the Law Society of Scotland, the GBA agreed unanimously that its members should not attend police stations to advise clients who are not their own. It is a matter for the individual solicitor whether he or she attends police interviews with their own clients. To attend a police interview with a suspect who is not his or her own client will place the solicitor, whether PDSO or not, in direct breach of Rule 14 of the Solicitors (Scotland) Practice Rules 2008.

The Law Society of Scotland, at the aforementioned meeting on 1st July 2010, advised that solicitors should NOT attend police interviews for suspects who are not their own clients. The GBA is of the view that these Regulations display an unprecedented lack of respect for the independent criminal bar. They place solicitors "on call" 24/7 without any guarantee of payment, and IF payment is to be made, then it will be made at an hourly rate set in April 1992, over 18 years ago. The fact that the Regulations have been laid before Parliament without the Law Society even being consulted shows an embarrassing lack of influence on the part of the Law Society.

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