5. Role of Lord Advocate
The Lord Advocate leads the system of criminal prosecutions and the investigation of deaths in Scotland. He is appointed by the Queen and decisions made by him are taken independently of anyone else. The Lord Advocate is also the principal legal advisor of the Scottish Government and is a government minister for Scotland. Appendices
http://www.dailyrecord.co.uk/news/scottish-news/police-scotland-vow-increase-use-1849009 Appendix 2.
http://www.scotsman.com/news/police-question-men-seen-with-dead-man-in-car-park-1-2886825 Appendix 4.
Detention under S 14 Criminal Procedure (Scotland) Act 1995 Under S 14 a Constable can detain where there is “reasonable grounds for suspecting that a person has committed or is committing an offence punishable by imprisonment”. Appendix 9.
Police will question witnesses whom they believe has information relating to the alleged offence and if there is no suspicion falls on the individual there will be no need for a caution. A witness has no legal obligation to answer questions apart from their name and address. Police will question a potential perpetrator on the basis of suspicions and when police question suspects there is a legal obligation for the suspect to answer all questions and if there is enough evidence they may...
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