The Law Society has welcomed an assurance from the Home Office
that police should make it clear to any suspect who speaks
voluntarily to the police, that free legal advice is available to
him or her at any place, and not just at a police station.
The Law Society was concerned that police interviews were
increasingly taking place at the suspect's home in order to avoid
the need for the police to advise the person of the right to legal
advice. The Society had written to the Home Office to outline its
unease, following a number of reports.
Law Society's concerns about this issue have now been eased
following agreement by the Home Office to propose an amendment to
Code C, made under the Police and Criminal Evidence Act 1984
(PACE), which will soon be tabled in parliament.
The Code will make clear that free legal advice is available under
the Legal Services Commission duty solicitor schemefor any suspect
volunteering to speak to the police (i.e. who has not been
arrested) at any place, not just at police stations, and that
police should inform such people of this. The Home Office issued
last week the proposed amendment, which is likely to be included in
the next tranche of PACE Code amendments
Law Society President John Wotton said; 'We are very pleased that
the Home Office has taken on board our concerns.The right of access
to legal advice for those suspected of a criminal offence is one of
the most important and fundamental rights of a citizen, and should
not depend on whether the suspect is present at the police station
or is interviewed elsewhere, for example, in their home.
Circumvention of this right is not only wrong from the perspective
of the rights of the suspect; it is also likely to put at risk the
admissibility of any confession that may be obtained in such an
interview.'
Ends
Notes to editors:
The Law Society is the independent professional body, established
for solicitors in 1825, that works globally to support and
represent its members, promoting the highest professional standards
and the rule of law.
http://www.homeoffice.gov.uk/police/powers/pace-codes/
Contact: Catherine Reed, The Law Society
+44 (0)20 7320 5902