Law and Rights
For those arrested and detained by the Police, access to legal advice is an important right. English law does not go so far as to force the detainee to obtain advice but they ought not to decline it too readily. Many solicitors are protesting at cuts to payments imposed by the government for both legal advice at Police Stations and representation in the criminal courts. Some are declining to attend Police Stations to advise detainees. Duty Solicitor Schemes may or may not be affected by this action.
The Police and Criminal Evidence Act 1984 s.58(1) - (PACE) - states:
A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time. Section 58(4) states - If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable. Section 58 goes on to set out certain instances where the Police may delay access to legal advice but these need not concern us here. Section 58 must be read along with PACE Code C (2014).
Code C (Chapter 6) requires that all detainees must be informed that they may at any time consult and communicate privately with a solicitor, whether in person, in writing or by telephone and that free independent legal advice is available. A detainee who wants legal advice may not be interviewed or continue to be interviewed until they have received such advice but there are important exceptions to this and these are set out in Code C at paragraphs 6.6(a) to 6.6(d).
6.6(c) deals with the situation where the solicitor selected by the detainee (i) cannot be contacted; (ii) has previously indicated that they do not wish to be contacted; or (iii) having been contacted, has declined to attend, AND the detainee has been advised of the Duty Solicitor Scheme but has declined to ask for the duty solicitor. In those circumstances the interview may be started or continued without further delay provided an officer of inspector rank or above has agreed to the interview proceeding.
Neither PACE nor Code C directly address the issue of legal advice not being available due to protest action by lawyers. Code C para 6.6(c) does not cover this because it clearly is based on their being at least a Duty Solicitor Scheme in operation. This may put both detainees and the Police into a difficult position but lawyers are also in the difficult position of having their remuneration cut significantly. It is a mess created by government policy - (The Guardian 25th June). In a modern democracy, is it really too much to ask that representation at the Police Station is adequately funded so that individuals may receive timely advice about the case. Such advice frequently resolves the matter and can save costs that might otherwise arise further along in the criminal justice process. As the old adage goes - "A stitch in time saves nine"
Politics.co.uk - Ian Dunt 1st July - Anatomy of a legal strike ....
The Guardian - John Briant 2nd July - Legal Aid cuts will hurt vulnerable people, not 'fatcat' lawyers
Addendum Monday 6th July:
Law Society Gazette - PDS Lawyers move in as direct action bites
Law Society Gazette - Bar urges solicitors to withdraw legal aid tenders - (Note: Criminal Bar Association ballot result on or soon after 14th July).
- European Court Of Human Rights ~ Article 6 ~ Ibrahim, Mohammed, Omar, Abdurahman V United Kingdom
The European Court of Human Rights Grand Chamber is hearing the cases of Ibrahim, Mohammed, Omar, Abdurahman v United Kingdom. The four were convicted of offences in connection with bombs (which failed to explode) on the London Underground on 21st...
- All Rather Confusing ...!
Addenda - Sunday 26th July 2015 and Tuesday 28th July On Thursday 23rd July, representatives of the solicitor side of the legal profession met with the Lord Chancellor (Michael Gove) over their concerns about fee reductions for criminal legal aid...
- Criminal Legal Aid
The coalition government (2010-15) reduced considerably the provision of legal aid for civil cases. The Conservative government is pressing ahead with plans - put together by the coalition government - to reduce fees payable to solicitors...
- Friday Roundup 23rd September - Autumn Equinox !!
Autumn Equinox explained August disorder - Appeals The first tranche of appeals in relation to the August disorder cases are to be heard by the Court of Appeal next week - BBC 21st September. In relation to these events, Law...
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Law and Rights
Legal advice in Police Stations ~ is it too much to ask that it be properly funded?
The Police and Criminal Evidence Act 1984 s.58(1) - (PACE) - states:
A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time. Section 58(4) states - If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable. Section 58 goes on to set out certain instances where the Police may delay access to legal advice but these need not concern us here. Section 58 must be read along with PACE Code C (2014).
Code C (Chapter 6) requires that all detainees must be informed that they may at any time consult and communicate privately with a solicitor, whether in person, in writing or by telephone and that free independent legal advice is available. A detainee who wants legal advice may not be interviewed or continue to be interviewed until they have received such advice but there are important exceptions to this and these are set out in Code C at paragraphs 6.6(a) to 6.6(d).
6.6(c) deals with the situation where the solicitor selected by the detainee (i) cannot be contacted; (ii) has previously indicated that they do not wish to be contacted; or (iii) having been contacted, has declined to attend, AND the detainee has been advised of the Duty Solicitor Scheme but has declined to ask for the duty solicitor. In those circumstances the interview may be started or continued without further delay provided an officer of inspector rank or above has agreed to the interview proceeding.
Neither PACE nor Code C directly address the issue of legal advice not being available due to protest action by lawyers. Code C para 6.6(c) does not cover this because it clearly is based on their being at least a Duty Solicitor Scheme in operation. This may put both detainees and the Police into a difficult position but lawyers are also in the difficult position of having their remuneration cut significantly. It is a mess created by government policy - (The Guardian 25th June). In a modern democracy, is it really too much to ask that representation at the Police Station is adequately funded so that individuals may receive timely advice about the case. Such advice frequently resolves the matter and can save costs that might otherwise arise further along in the criminal justice process. As the old adage goes - "A stitch in time saves nine"
Politics.co.uk - Ian Dunt 1st July - Anatomy of a legal strike ....
The Guardian - John Briant 2nd July - Legal Aid cuts will hurt vulnerable people, not 'fatcat' lawyers
Addendum Monday 6th July:
Law Society Gazette - PDS Lawyers move in as direct action bites
Law Society Gazette - Bar urges solicitors to withdraw legal aid tenders - (Note: Criminal Bar Association ballot result on or soon after 14th July).
- European Court Of Human Rights ~ Article 6 ~ Ibrahim, Mohammed, Omar, Abdurahman V United Kingdom
The European Court of Human Rights Grand Chamber is hearing the cases of Ibrahim, Mohammed, Omar, Abdurahman v United Kingdom. The four were convicted of offences in connection with bombs (which failed to explode) on the London Underground on 21st...
- All Rather Confusing ...!
Addenda - Sunday 26th July 2015 and Tuesday 28th July On Thursday 23rd July, representatives of the solicitor side of the legal profession met with the Lord Chancellor (Michael Gove) over their concerns about fee reductions for criminal legal aid...
- Criminal Legal Aid
The coalition government (2010-15) reduced considerably the provision of legal aid for civil cases. The Conservative government is pressing ahead with plans - put together by the coalition government - to reduce fees payable to solicitors...
- Friday Roundup 23rd September - Autumn Equinox !!
Autumn Equinox explained August disorder - Appeals The first tranche of appeals in relation to the August disorder cases are to be heard by the Court of Appeal next week - BBC 21st September. In relation to these events, Law...
- Detained Persons: Blanket Refusal To Bail: Possible Legal Challenge
Burning bus at Tottenham During the recent extensive public disorder, many arrests were made. Naturally, this made it difficult for Custody Officers at some Police Stations to process detainees as quickly as normal. However, did this...