New law mandating reading of rights to suspects could see spike in unlawful arrest claims

A law lecturer has warned that new rules mandating that police officers read apprehended suspects their rights could lead to an increase in unlawful arrest claims, The Herald reports.

From Thursday 25 January, police officers will have to read suspects’ rights to them after arrest.

But, sounding a note of caution about the move, Dr Nick McKerrell, lecturer in law at Glasgow Caledonian University, said: “The police have real powers, more than any other Scottish institution and how they are held to account in their use of these powers really matters.

“For the first time in Scottish history it will be possible to be ‘read your rights’ when arrested by an officer. Although for students of American cop shows this does not include a right to a phone call this side of the Atlantic.

“But while this may be quite theatrical the law does not make clear when these rights should be read other than at the earliest possible point after detention.

“I think a by-product of this will be a rise in unlawful arrest claims as suspects see a chance to exploit what could be reasonable deemed the earliest possible point.”

A Scottish government spokesperson said: “The introduction of the Criminal Justice (Scotland) Act 2016 represents one of the most significant changes to police procedures in Scotland for at least a generation.

“The new measures will modernise arrest, custody and questioning procedures, improve access to legal advice for people who are taken into custody and improve protections for children and young people.”