Paragraph 106

For section 305 (intimation to a solicitor) there shall be substituted the following section—

“ Right of accused to have access to solicitor.

305

(1)

Where any person has been arrested on any criminal charge, such person shall be entitled immediately upon such arrest—

(a)

to have intimation sent to a solicitor that his professional assistance is required by such a person and informing him—

(i)

of the place where the person is being detained;

(ii)

whether the person is to be liberated; and

(iii)

if the person is not to be liberated, the date on which he is to be taken to court and the court to which he is to be taken;

(b)

to be told what rights there are under paragraph (a) above and subsections (2) and (3) below.

(2)

Such solicitor shall be entitled to have a private interview with the person accused before he is examined on declaration, and to be present at such examination.

(3)

It shall be in the power of the sheriff or justice to delay such examination for a period not exceeding 48 hours from and after the time of such person’s arrest, in order to allow time for the attendance of such solicitor.”.