My client asks for me to be present at interview?

Request for a named solicitor to be present at interview - Section 32, Criminal Justice (Scotland) Act 2016

 Who will contact you?

The police will contact the named solicitor directly.

What does the Code require?

The Code has no provisions which require a solicitor to provide advice.

The solicitor can choose to answer the phone, or not.

The solicitor can choose whether to accept instructions from the client, or not.

All that is required by 6.7 - 6.9 of the Code is that:

  • the solicitor has provided phone or messaging details so the police can contact the firm
  • where the solicitor decides to accept instructions, advice is given in a reasonably practical timescale under regard to the best interests of the client, the facts and circumstances and arrangements made with the investigating officer
  • that a record is kept.

How will you get paid?

Advice and assistance.

New block fees with single and simplified online application and accounts process.

There is no requirement to be on the Duty Scheme to be paid for providing advice to your own clients.

What happens if you aren't available?

The police will wait for 30mins.

On being advised that the named solicitor is unavailable, if the individual wants to be represented by the duty solicitor, the SCL will refer the case to the duty solicitor.