ABSTRACT

The interviewing of suspected offenders in Scotland has been subject to considerable change over the years, having been moulded into its current shape and position through courtroom challenges, both within the Scottish legal system as well as across Europe, that have led to significant changes in legislation. Although there have been radical and wide-reaching changes in the structure of the police in Scotland, the requirement to interview suspected offenders has remained unchanged and is still enacted in law. Section 20 of the Police and Fire Reform (Scotland) Act 2012 specifically states it is the duty of a constable, inter alia, to prevent and detect crime, bring offenders to justice, to give evidence and to attend court. Thus it is within the authority of the police to interview individuals in a manner that will withstand scrutiny of a court and expert opinion.