Embargo: 0001hrs Monday 06 October 2008. Universal right for detained to see solicitor undermined by new legal scheme, claims report. (06/10/08)
The universal right of all suspects to consult with a solicitor of their choice has been undermined by recent changes introduced by the government to the delivery of legal advice for those arrested and detained by the police, claims a new report published today by the Centre for Crime and Justice Studies at King's College London (1).
The authors, Professors Lee Bridges (2) and Ed Cape (3), argue that the new services:
- were never properly evaluated;
- were forced through after a rushed and inadequate consultation and botched parliamentary procedure;
- are of questionable legality under the Police and Criminal Evidence Act;
- may contravene the European Convention on Human Rights; and
- fly in the face of a substantial and accumulated evidence base on access to legal services at police stations.
The report, CDS Direct: Flying in the face of the evidence, examines in detail the introduction of two related schemes, in 2008, for the delivery of advice to those arrested and detained by the police: Criminal Defence Service (CDS) Direct and the Defence Solicitor Call Centre (DSCC). It finds that a previous government commitment to equitable access to legal representation has been replaced by a drive to secure convictions and to limit access to legal services.
Speaking today Professor Ed Cape said:
`Previously, when a person arrested and detained in a police station asked for a lawyer, the police were obliged to contact that lawyer directly as soon as possible. Now, even in a straightforward drink-driving case where the suspect is willing to pay privately, they will have to go through six stages of referral before they can speak to their lawyer. More worrying is the fact that this can also be the case for a suspect who is mentally ill. The schemes may save a small proportion of the legal aid budget, but at what cost to access to justice?'
Professor Lee Bridges added:
`All previous research has shown that any bureaucratic obstacles or delays in the process will put off people arrested from exercising their right to independent legal advice. In light of this research, previous governments have tried to remove such obstacles and even banned the police from using various tactics to discourage suspects in police stations from seeking legal advice.
`The new CDS Direct scheme seems to be giving greater priority to meeting the demands of government ministers to drastically curtail legal aid costs than to the duty to promote citizens' access to legal advice and assistance.'
Richard Garside, director of the Centre for Crime and Justice Studies commented:
`A cornerstone of any just criminal justice system is that defendants and those accused of crime have access to timely and good quality legal advice. This report raises important questions about whether, in its drive to cut costs and rush to bring more offenders `to justice', the government has undermined this fundamental principle.'
Ends
Contact: Will McMahon, 020 7848 1695; 07968 950 223
Copies of the report can be downloaded here.
Notes to editors
- CDS Direct: Flying in the face of the evidence is published today by the Centre for Crime and Justice Studies at King's College London. It is published as part of the Centre's `Evidenced based policy series' which examines the government's commitment to evidenced based policy making.
- Lee Bridges is a Professor in the School of Law at the University of Warwick and has been involved for the past 30 years in research and policy development on criminal legal aid and criminal defence services. He was responsible in 1985 for carrying out the pilot studies for the initial implementation of the 24-hour duty solicitor scheme for providing legal advice to suspects in police stations and subsequent follow-up research for the government, Law Society and then Legal Aid Board/Legal Services Commission. He is a former member of the Lord Chancellor's Advisory Committee on Legal Education and Conduct and the Legal Services Consultative Panel.
- Ed Cape is Professor of Criminal Law and Practice and Director of the Centre for Legal Research at the University of the West of England, Bristol. The author of Defending Suspects at Police Stations, (5th edition) he is well known for his work on criminal justice law and policy. He has recently completed research on the investigative stage of the criminal process in the European Union, and is currently working with an international team on effective criminal defence rights in Europe. He has conducted research for the Legal Services Commission, most recently as part of the team that evaluated the Public Defender Service.
- The Centre for Crime and Justice Studies at King's College London is an independent charity that informs and educates about all aspects of crime and criminal justice. It provides information, produces research and carries out policy analysis to encourage and facilitate an understanding of the complex mature of issues concerning crime. It is a membership organization working with practitioners, policy makers, academics and students, the media and voluntary sector, offering a programme of events, publications and online resources.
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