The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011
This Order makes provision consequential on the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (2010 asp 15) (“2010 ASP”). That Act makes provision concerning the right to have access to a solicitor of persons being questioned by a constable on suspicion of having committed an offence. It also extends the period for which persons may be detained by a constable from 6 to 12 hours, with a possible further extension up to a maximum of 24 hours. The Act also amends the Legal Aid (Scotland) Act 1986 (“1986 Act”) to enable the Scottish Ministers to make regulations providing for criminal advice and assistance to be made available to such suspects in certain circumstances without reference to financial limits.