The Law Society is issuing an urgent alert urging solicitors to
lobby their MPs immediately to vote against a Government motion
that the UK should not opt in to an EU Directive that ensures
rights for suspects in police stations.
The move comes as it has emerged that the Government has
recommended that the UK should reject a legislative proposal aimed
at enhancing protections for suspects, which would ensure they have
access to a lawyer at all stages of the criminal process.
Justice Secretary Kenneth Clarke tabled a motion for debate in
Parliament earlier this week and the Government is recommending
that the UK should eschew this EU Directive offering access to
justice for people suspected of a crime.
The draft Directive is the third measure proposed by the EU in a
move to enhance rights for suspects, which are largely taken for
granted in the UK, but vary widely across the EU. The measure aims
to enhance protections for suspects by ensuring they have access to
a lawyer at all stages of the criminal process.
Despite the fact that the UK announced days ago that it would
opt in to a proposed EU law on the rights of victims of crime to
ensure that Britons in another EU country will get a guaranteed
level of support, the Government has recommended that the UK should
not opt in to a similar measure for people suspected of crime.
The Law Society supports the EU proposal as it recognises that
despite EU member states being signed up to the European Convention
on Human Rights, there are many countries which still do not afford
adequate protection to people suspected of crime.
Law Society President John Wotton is calling on solicitors to
lobby their MP immediately to vote against the Government
motion:
“This EU Directive reflects protections that have been
enshrined in UK law since the mid 1980s. If the Government is not
prepared to sign up to this Directive, what does it say about their
willingness to retain our own existing protections? What message
does it deliver to other countries in the EU about the reciprocal
protections we expect for our citizens when in their countries?
“For a number of years, the EU has been working on a
legislative programme setting out the minimum rights of suspects in
the police station. Those rights are almost all things we take for
granted in this country. We are urgently calling on our members to
get them to lobby their MPs to vote against the motion next week.
Opting out of this legislative proposal is not the right course to
follow.”
Ends
Notes to Editors:
Contact: Catherine Reed, The Law Society
+44 (0)20 7320 5902