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Daily Record
Daily Record
National
Gordon Blackstock

Watchdog finds Police Scotland is failing to tell prisoners about their rights in custody

Police are failing to tell prisoners their rights, a watchdog has found.

It found “inconsistencies” in officers handing over the Letter of Rights – an ­important document that details what people in ­custody are legally entitled to.

The concerns were ­highlighted by the Scottish Police Authority’s (SPA) Independent Custody ­Visiting Scheme (ICVS) in its annual report into police station cell conditions.

The inspectors have also recommended police improve explaining rights to vulnerable prisoners.

Scottish Labour’s Pauline McNeill said: “This alarming report must be a wake-up call.

Scottish Labour MSP Pauline McNeill (Daily Record)

"This is a matter of basic human rights – but our stretched justice system is clearly struggling to deliver.”

Scotland has 140 volunteer IC Visitors who pay unannounced police station visits to check on the treatment of detainees.

On one July 2021 visit its team interviewed four ­prisoners in western Scotland in a spot check.

But none of the ­prisoners said they had received their Letter of Rights.

Emma Jardine, of penal reform charity Howard League Scotland, said: “Understanding why you’re being held in police custody and what rights pertain to you when you’re there, is of major significance.

“It shouldn’t been seen as simply an administrative exercise.”

Chief Superintendent Gordon McCreadie, of Police Scotland, said: “Every arrested person coming into custody is afforded their legal rights. The timing of issuing the letter will depend on ­individual circumstances.

“The letter is an additional explanation of the rights afforded.”

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