Today I want to tell you about the "curse of TV Law".

Like most defence solicitors I am frequently told that there is some fundamental flaw in the case "because I didn't get my rights." These "rights" are gleaned from television shows purporting to show law in practice.

Well folks, it is not like that in real life. Not all police officers, forensic scientists, scene of crime officers, pathologists or even lawyers are devastatingly good looking, working in the most modern of facilities with all possible support and able to solve complex crimes within 40 minutes. Television is a form of entertainment, not education. What is shown is not the true picture.

Let us start with "the phone call". You do not have the right to make a phone call if you are detained or arrested. That is English law and our forefathers fought long and hard to keep the laws of England and Scotland separate. The right you have is to have a named lawyer and someone else phoned by the police to say you are in custody, unless you are under 16 when, in addition, a parent or guardian must be informed by the police. Note it is the police who make the call, not you. You do not have the "right" to phone anyone.

Incidentally no-one other than the named lawyer, the named person and a child's parent or guardian, is entitled to know that someone is in custody, let alone why. Furthermore it is probably a breach of the prisoner's human rights to private life for the police to tell anyone else.

Next, you do not have the "right to have a lawyer present while being interviewed". That too is English law. Our own High Court has recently confirmed that not only is it not part of our law nor does it breach your human right to a fair trial not to have a lawyer present.

Nor do you, or anyone else, have the "right to press, or withdraw, charges". You have guessed correctly. That too is for England. Only the Procurator Fiscal has the right to decide who is to be charged with any crime and to decide whether or not to continue with any prosecution.

In the same vein, you do not have the "right to withdraw your statement". Your only true right is to tell the police or Procurator Fiscal that there is some error in the original statement and to seek to give an additional statement correcting the first one. Note that second statement is additional to, not in replacement of, the original statement.

Similarly you do not have the "right not to give evidence in court" and furthermore as a parent you do not have the right to say your child will not give evidence. The Procurator Fiscal and the defence lawyer have the right to cite whomsoever they wish to give evidence even if that person didn't give a statement to anyone earlier, has tried to withdraw it or even said they are unwilling to attend. Having been cited, failure to attend court and to give evidence is contempt of court. That is eminently jailable.

There is no right "to be charged by the police before you can be prosecuted". It is perfectly competent and proper to prosecute someone who has not been charged by the police. Why should it be otherwise as a caution and charge merely give you the opportunity to say what you wish in response? Unlike England, failure to say something relevant does not, and cannot, be held against you. In Scotland we truly have a right of silence.

And that right of silence is the only true right in all these claimed ones. The others are all myths and without foundation in our law.