The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adve... more The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adversarial tradition that has historically been more influenced by the Romanocanonical and French systems than the rest of the UK. 1 There are similarities in relation to procedure and substantive law between Scotland and England and Wales but, as Blackstock et al. (2014: 118) note, the applicable laws are quite different. There are two routes of trial procedure in Scotland, solemn and summary. The solemn procedure deals with trials on indictment before a jury, which takes place in the sheriff or High Court. Summary procedure applies to all other offences, with trials being conducted by the sheriff, stipendiary magistrate or justices of the peace. Following the Salduz decision in 2008, there was significant change for suspects in accessing legal advice brought about by the judgment of the UK Supreme Court in Cadder v HM Advocate (Cadder). 2 The Cadder ruling prohibited the police from questioning a suspect without giving them the option of having legal advice. The case was to have an immediate impact on suspects' legal rights, as hundreds of cases had to be abandoned as they did not comply with the decision. Within three days, the Scottish Parliament had implemented emergency legislation, in the form of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010. This gave all suspects detained under Section 14 of the Criminal Justice (Scotland) Act 1995, or attending voluntary at a police station, the right to 'a private consultation with a solicitor' prior to, and at any time during, questioning at a police station, which could include advice given over the telephone. The 2010 Act also extended the period of detention in police custody from six to twelve hours, with a possible extension of a further twelve hours. The Cadder decision led to an extensive review of the criminal justice system, undertaken by Lord Carloway (2011), and the consequent Criminal Justice (Scotland) Act 2016. The review included recommendations to modernise and enhance the efficiency of the Scottish criminal justice system and these provisions were implemented on 25 January, 2018. Prior to the 2016 Act, there had been a system of investigative detention, 1 For further details see Blackstock et al. (2014:118-136). 2 [2010] UKSC 43. Country Report: Scotland 2 arrest and then charge. People were also arrested for a charging decision without an investigative detention, which was to enable an interview to take place. The Act now consolidates arrest and investigative detention and imports a test of necessity and proportionality to the requirement to detain following arrest. The 2016 Act is far-reaching in that it gives all suspects the right to consult with a solicitor and for suspects to decide whether or not they want a solicitor to be present during the police interview. The rationale for the right to have a solicitor present would seem to be largely based on the need to ensure respect for the right of the suspect not to incriminate himself (Jackson, 2016: 1003, 1007). Without changes being made to the organisation of criminal defence solicitors, however, such changes will be difficult to achieve. There are logistical issues to be overcome, therefore, in increasing the role of solicitors in police stations and in funding such changes. It is timely, therefore, to explore such developments with policy makers and practitioners in this study, although it is important over the coming months to examine empirically what changes were actually brought about by the 2016 Act.
The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adve... more The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adversarial tradition that has historically been more influenced by the Romanocanonical and French systems than the rest of the UK. 1 There are similarities in relation to procedure and substantive law between Scotland and England and Wales but, as Blackstock et al. (2014: 118) note, the applicable laws are quite different. There are two routes of trial procedure in Scotland, solemn and summary. The solemn procedure deals with trials on indictment before a jury, which takes place in the sheriff or High Court. Summary procedure applies to all other offences, with trials being conducted by the sheriff, stipendiary magistrate or justices of the peace. Following the Salduz decision in 2008, there was significant change for suspects in accessing legal advice brought about by the judgment of the UK Supreme Court in Cadder v HM Advocate (Cadder). 2 The Cadder ruling prohibited the police from questioning a suspect without giving them the option of having legal advice. The case was to have an immediate impact on suspects' legal rights, as hundreds of cases had to be abandoned as they did not comply with the decision. Within three days, the Scottish Parliament had implemented emergency legislation, in the form of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010. This gave all suspects detained under Section 14 of the Criminal Justice (Scotland) Act 1995, or attending voluntary at a police station, the right to 'a private consultation with a solicitor' prior to, and at any time during, questioning at a police station, which could include advice given over the telephone. The 2010 Act also extended the period of detention in police custody from six to twelve hours, with a possible extension of a further twelve hours. The Cadder decision led to an extensive review of the criminal justice system, undertaken by Lord Carloway (2011), and the consequent Criminal Justice (Scotland) Act 2016. The review included recommendations to modernise and enhance the efficiency of the Scottish criminal justice system and these provisions were implemented on 25 January, 2018. Prior to the 2016 Act, there had been a system of investigative detention, 1 For further details see Blackstock et al. (2014:118-136). 2 [2010] UKSC 43. Country Report: Scotland 2 arrest and then charge. People were also arrested for a charging decision without an investigative detention, which was to enable an interview to take place. The Act now consolidates arrest and investigative detention and imports a test of necessity and proportionality to the requirement to detain following arrest. The 2016 Act is far-reaching in that it gives all suspects the right to consult with a solicitor and for suspects to decide whether or not they want a solicitor to be present during the police interview. The rationale for the right to have a solicitor present would seem to be largely based on the need to ensure respect for the right of the suspect not to incriminate himself (Jackson, 2016: 1003, 1007). Without changes being made to the organisation of criminal defence solicitors, however, such changes will be difficult to achieve. There are logistical issues to be overcome, therefore, in increasing the role of solicitors in police stations and in funding such changes. It is timely, therefore, to explore such developments with policy makers and practitioners in this study, although it is important over the coming months to examine empirically what changes were actually brought about by the 2016 Act.
The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adve... more The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adversarial tradition that has historically been more influenced by the Romanocanonical and French systems than the rest of the UK. 1 There are similarities in relation to procedure and substantive law between Scotland and England and Wales but, as Blackstock et al. (2014: 118) note, the applicable laws are quite different. There are two routes of trial procedure in Scotland, solemn and summary. The solemn procedure deals with trials on indictment before a jury, which takes place in the sheriff or High Court. Summary procedure applies to all other offences, with trials being conducted by the sheriff, stipendiary magistrate or justices of the peace. Following the Salduz decision in 2008, there was significant change for suspects in accessing legal advice brought about by the judgment of the UK Supreme Court in Cadder v HM Advocate (Cadder). 2 The Cadder ruling prohibited the police from questioning a suspect without giving them the option of having legal advice. The case was to have an immediate impact on suspects' legal rights, as hundreds of cases had to be abandoned as they did not comply with the decision. Within three days, the Scottish Parliament had implemented emergency legislation, in the form of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010. This gave all suspects detained under Section 14 of the Criminal Justice (Scotland) Act 1995, or attending voluntary at a police station, the right to 'a private consultation with a solicitor' prior to, and at any time during, questioning at a police station, which could include advice given over the telephone. The 2010 Act also extended the period of detention in police custody from six to twelve hours, with a possible extension of a further twelve hours. The Cadder decision led to an extensive review of the criminal justice system, undertaken by Lord Carloway (2011), and the consequent Criminal Justice (Scotland) Act 2016. The review included recommendations to modernise and enhance the efficiency of the Scottish criminal justice system and these provisions were implemented on 25 January, 2018. Prior to the 2016 Act, there had been a system of investigative detention, 1 For further details see Blackstock et al. (2014:118-136). 2 [2010] UKSC 43. Country Report: Scotland 2 arrest and then charge. People were also arrested for a charging decision without an investigative detention, which was to enable an interview to take place. The Act now consolidates arrest and investigative detention and imports a test of necessity and proportionality to the requirement to detain following arrest. The 2016 Act is far-reaching in that it gives all suspects the right to consult with a solicitor and for suspects to decide whether or not they want a solicitor to be present during the police interview. The rationale for the right to have a solicitor present would seem to be largely based on the need to ensure respect for the right of the suspect not to incriminate himself (Jackson, 2016: 1003, 1007). Without changes being made to the organisation of criminal defence solicitors, however, such changes will be difficult to achieve. There are logistical issues to be overcome, therefore, in increasing the role of solicitors in police stations and in funding such changes. It is timely, therefore, to explore such developments with policy makers and practitioners in this study, although it is important over the coming months to examine empirically what changes were actually brought about by the 2016 Act.
This briefing presents key findings and implications from research into the impact and effectiven... more This briefing presents key findings and implications from research into the impact and effectiveness of Northamptonshire’s pre-court process and ‘caution-plus ’ scheme.
This study involved using an App to explore with detainees their understanding of the right to a ... more This study involved using an App to explore with detainees their understanding of the right to a lawyer and to identify what factors influence the take-up of legal advice. Also examined in this paper, from the users’ perspective, are potential barriers to accessing legal advice. While PACE safeguards provide detainees with early access to confidential legal advice, some of these legal requirements are simply ignored. It is recommended that a review of PACE should be undertaken and that this takes into account how technology could be used to help address some of the issues arising
This Country Report for Ireland has arisen out of a comparative study into police station legal a... more This Country Report for Ireland has arisen out of a comparative study into police station legal advice, led by Dr Vicky Kemp, University of Nottingham. She received a small grant from the British Academy/Leverhulme to undertake semi-structured interviews with defence lawyers and policy officers responsible for criminal legal aid in six jurisdictions.
January 2011 marks the 25th anniversary of the introduction of the unequivocal right of police st... more January 2011 marks the 25th anniversary of the introduction of the unequivocal right of police station detainees to obtain advice from a solicitor. However, while this right is a fundamental safeguard to procedural propriety, no large-scale investigation of the rates at which advice is requested or received has been undertaken in over a decade. This study, the most extensive yet undertaken, draws on data extracted from 30,921 custody records, across 44 police stations in 4 police force areas. We find the advice request rate has risen less than recent studies indicate. We also find substantial variation in request rates between police stations and police forces, after accounting for other factors, and a sharp drop in the request rate between ages 16 and 17. This drop supports proposals to extend requirements around appropriate adults to 17 year olds. We argue that, at a time of change in police station operation and advice provision, further monitoring of, and investigation into, the...
The vulnerability of juvenile suspects concerns all phases of proceedings but is probably greates... more The vulnerability of juvenile suspects concerns all phases of proceedings but is probably greatest during interrogations in the investigation stage. These early interrogations often constitute the juvenile suspects’ first contact with law enforcement authorities during which they are confronted with many difficult questions and decisions. Therefore, the juvenile suspect should already at this stage be provided with an adequate level of procedural protection. The research project ‘Protecting Young Suspects in Interrogations’ underlying this volume, sprung from the observation that the knowledge of the existing level of procedural protection of juvenile suspects throughout the European Union is limited. More specifically, there is very little knowledge of what actually happens when juvenile suspects are being interrogated. The research project aims to fill at least part of this gap by shedding more light on the existing procedural rights for juveniles during interrogations in five EU ...
While studies have explored adult suspects’ understanding of their legal rights, seldom are the e... more While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.
This study is based on a statistical analysis of police custody records. We earlier examined the ... more This study is based on a statistical analysis of police custody records. We earlier examined the take-up of legal advice and now turn our attention to the time people spend in police custody. We find that the average time people are detained seems to have risen over recent years and that a number of factors can impact on the length of detention, including differences found between police stations. The expectations that PACE would restrict the length of time individuals are held in custody were not borne out by the data from the police stations included in this study
Research has consistently shown that many people do not understand their legal rights when arrest... more Research has consistently shown that many people do not understand their legal rights when arrested by the police. In seeking to help address this problem, a prototype App was developed to provide information to suspects when detained by the police. The prototype was tested with 100 detainees in two large custody suites and the findings are presented in this report. A number of issues are addressed, including police decision-making and the processing of cases, access to legal advice, users’ perspectives of fairness in the criminal process, and the potential for technology to enhance procedural safeguards. The study identified a number of problems relating to suspects’ legal rights. These include, for example, difficulties for suspects in accessing legal advice; with no provision to facilitate a confidential telephone conversation between a solicitor and their client. There were also identified long delays, with the average length of detention being over 17 hours in both police stati...
This Country Report for Northern Ireland has arisen out of a comparative study into police statio... more This Country Report for Northern Ireland has arisen out of a comparative study into police station legal advice, led by Dr Vicky Kemp, University of Nottingham. She received a small grant from the British Academy/Leverhulme to undertake semi-structured interviews with defence lawyers and policy officers responsible for criminal legal aid in six jurisdictions
This Country Report for the Netherlands has arisen out of a comparative study into police station... more This Country Report for the Netherlands has arisen out of a comparative study into police station legal advice, led by Dr Vicky Kemp, University of Nottingham. She received a small grant from the British Academy/Leverhulme to undertake semi-structured interviews with defence lawyers and policy officers responsible for criminal legal aid in six jurisdictions: Belgium, England and Wales, Ireland, the Netherlands, Northern Ireland and Scotland. Dr Miet Vanderhallen was the consultant responsible for the research being undertaken in Belgium and the Netherlands, assisted by Enide Maegherman, both from the University of Maastricht.
The book is the result of the first part of the European Commission funded research project '... more The book is the result of the first part of the European Commission funded research project 'Protecting young suspects in interrogations: a study on safeguards and best practice'. The legal study underlying this volume consisted of comparative research into existing procedural safeguards for juvenile suspects during interrogation in the legal frameworks of five selected Member States of the European Union: Belgium, England and Wales, Italy, Poland and the Netherlands. In Chapter 3 are presented the comparative # findings in relation to England and Wales.
A study of police custody records highlighted variations between police stations both in the take... more A study of police custody records highlighted variations between police stations both in the take-up of legal advice and also in the average length of time people were held in custody. To further explore unobserved factors which might impact on such variations a qualitative study has been undertaken of four large police stations. While there were found to be factors in common between police stations which related to delays, there were other factors which were specific to one or two stations only. There were also found to be implications for delays creating potential barriers to legal advice. Such factors raise questions about the extent to which PACE continues to provide sufficient legal safeguards for those held in police custody.
The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adve... more The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adversarial tradition that has historically been more influenced by the Romanocanonical and French systems than the rest of the UK. 1 There are similarities in relation to procedure and substantive law between Scotland and England and Wales but, as Blackstock et al. (2014: 118) note, the applicable laws are quite different. There are two routes of trial procedure in Scotland, solemn and summary. The solemn procedure deals with trials on indictment before a jury, which takes place in the sheriff or High Court. Summary procedure applies to all other offences, with trials being conducted by the sheriff, stipendiary magistrate or justices of the peace. Following the Salduz decision in 2008, there was significant change for suspects in accessing legal advice brought about by the judgment of the UK Supreme Court in Cadder v HM Advocate (Cadder). 2 The Cadder ruling prohibited the police from questioning a suspect without giving them the option of having legal advice. The case was to have an immediate impact on suspects' legal rights, as hundreds of cases had to be abandoned as they did not comply with the decision. Within three days, the Scottish Parliament had implemented emergency legislation, in the form of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010. This gave all suspects detained under Section 14 of the Criminal Justice (Scotland) Act 1995, or attending voluntary at a police station, the right to 'a private consultation with a solicitor' prior to, and at any time during, questioning at a police station, which could include advice given over the telephone. The 2010 Act also extended the period of detention in police custody from six to twelve hours, with a possible extension of a further twelve hours. The Cadder decision led to an extensive review of the criminal justice system, undertaken by Lord Carloway (2011), and the consequent Criminal Justice (Scotland) Act 2016. The review included recommendations to modernise and enhance the efficiency of the Scottish criminal justice system and these provisions were implemented on 25 January, 2018. Prior to the 2016 Act, there had been a system of investigative detention, 1 For further details see Blackstock et al. (2014:118-136). 2 [2010] UKSC 43. Country Report: Scotland 2 arrest and then charge. People were also arrested for a charging decision without an investigative detention, which was to enable an interview to take place. The Act now consolidates arrest and investigative detention and imports a test of necessity and proportionality to the requirement to detain following arrest. The 2016 Act is far-reaching in that it gives all suspects the right to consult with a solicitor and for suspects to decide whether or not they want a solicitor to be present during the police interview. The rationale for the right to have a solicitor present would seem to be largely based on the need to ensure respect for the right of the suspect not to incriminate himself (Jackson, 2016: 1003, 1007). Without changes being made to the organisation of criminal defence solicitors, however, such changes will be difficult to achieve. There are logistical issues to be overcome, therefore, in increasing the role of solicitors in police stations and in funding such changes. It is timely, therefore, to explore such developments with policy makers and practitioners in this study, although it is important over the coming months to examine empirically what changes were actually brought about by the 2016 Act.
The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adve... more The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adversarial tradition that has historically been more influenced by the Romanocanonical and French systems than the rest of the UK. 1 There are similarities in relation to procedure and substantive law between Scotland and England and Wales but, as Blackstock et al. (2014: 118) note, the applicable laws are quite different. There are two routes of trial procedure in Scotland, solemn and summary. The solemn procedure deals with trials on indictment before a jury, which takes place in the sheriff or High Court. Summary procedure applies to all other offences, with trials being conducted by the sheriff, stipendiary magistrate or justices of the peace. Following the Salduz decision in 2008, there was significant change for suspects in accessing legal advice brought about by the judgment of the UK Supreme Court in Cadder v HM Advocate (Cadder). 2 The Cadder ruling prohibited the police from questioning a suspect without giving them the option of having legal advice. The case was to have an immediate impact on suspects' legal rights, as hundreds of cases had to be abandoned as they did not comply with the decision. Within three days, the Scottish Parliament had implemented emergency legislation, in the form of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010. This gave all suspects detained under Section 14 of the Criminal Justice (Scotland) Act 1995, or attending voluntary at a police station, the right to 'a private consultation with a solicitor' prior to, and at any time during, questioning at a police station, which could include advice given over the telephone. The 2010 Act also extended the period of detention in police custody from six to twelve hours, with a possible extension of a further twelve hours. The Cadder decision led to an extensive review of the criminal justice system, undertaken by Lord Carloway (2011), and the consequent Criminal Justice (Scotland) Act 2016. The review included recommendations to modernise and enhance the efficiency of the Scottish criminal justice system and these provisions were implemented on 25 January, 2018. Prior to the 2016 Act, there had been a system of investigative detention, 1 For further details see Blackstock et al. (2014:118-136). 2 [2010] UKSC 43. Country Report: Scotland 2 arrest and then charge. People were also arrested for a charging decision without an investigative detention, which was to enable an interview to take place. The Act now consolidates arrest and investigative detention and imports a test of necessity and proportionality to the requirement to detain following arrest. The 2016 Act is far-reaching in that it gives all suspects the right to consult with a solicitor and for suspects to decide whether or not they want a solicitor to be present during the police interview. The rationale for the right to have a solicitor present would seem to be largely based on the need to ensure respect for the right of the suspect not to incriminate himself (Jackson, 2016: 1003, 1007). Without changes being made to the organisation of criminal defence solicitors, however, such changes will be difficult to achieve. There are logistical issues to be overcome, therefore, in increasing the role of solicitors in police stations and in funding such changes. It is timely, therefore, to explore such developments with policy makers and practitioners in this study, although it is important over the coming months to examine empirically what changes were actually brought about by the 2016 Act.
The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adve... more The criminal law in Scotland is largely statutory, although it is rooted in a common law, an adversarial tradition that has historically been more influenced by the Romanocanonical and French systems than the rest of the UK. 1 There are similarities in relation to procedure and substantive law between Scotland and England and Wales but, as Blackstock et al. (2014: 118) note, the applicable laws are quite different. There are two routes of trial procedure in Scotland, solemn and summary. The solemn procedure deals with trials on indictment before a jury, which takes place in the sheriff or High Court. Summary procedure applies to all other offences, with trials being conducted by the sheriff, stipendiary magistrate or justices of the peace. Following the Salduz decision in 2008, there was significant change for suspects in accessing legal advice brought about by the judgment of the UK Supreme Court in Cadder v HM Advocate (Cadder). 2 The Cadder ruling prohibited the police from questioning a suspect without giving them the option of having legal advice. The case was to have an immediate impact on suspects' legal rights, as hundreds of cases had to be abandoned as they did not comply with the decision. Within three days, the Scottish Parliament had implemented emergency legislation, in the form of the Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010. This gave all suspects detained under Section 14 of the Criminal Justice (Scotland) Act 1995, or attending voluntary at a police station, the right to 'a private consultation with a solicitor' prior to, and at any time during, questioning at a police station, which could include advice given over the telephone. The 2010 Act also extended the period of detention in police custody from six to twelve hours, with a possible extension of a further twelve hours. The Cadder decision led to an extensive review of the criminal justice system, undertaken by Lord Carloway (2011), and the consequent Criminal Justice (Scotland) Act 2016. The review included recommendations to modernise and enhance the efficiency of the Scottish criminal justice system and these provisions were implemented on 25 January, 2018. Prior to the 2016 Act, there had been a system of investigative detention, 1 For further details see Blackstock et al. (2014:118-136). 2 [2010] UKSC 43. Country Report: Scotland 2 arrest and then charge. People were also arrested for a charging decision without an investigative detention, which was to enable an interview to take place. The Act now consolidates arrest and investigative detention and imports a test of necessity and proportionality to the requirement to detain following arrest. The 2016 Act is far-reaching in that it gives all suspects the right to consult with a solicitor and for suspects to decide whether or not they want a solicitor to be present during the police interview. The rationale for the right to have a solicitor present would seem to be largely based on the need to ensure respect for the right of the suspect not to incriminate himself (Jackson, 2016: 1003, 1007). Without changes being made to the organisation of criminal defence solicitors, however, such changes will be difficult to achieve. There are logistical issues to be overcome, therefore, in increasing the role of solicitors in police stations and in funding such changes. It is timely, therefore, to explore such developments with policy makers and practitioners in this study, although it is important over the coming months to examine empirically what changes were actually brought about by the 2016 Act.
This briefing presents key findings and implications from research into the impact and effectiven... more This briefing presents key findings and implications from research into the impact and effectiveness of Northamptonshire’s pre-court process and ‘caution-plus ’ scheme.
This study involved using an App to explore with detainees their understanding of the right to a ... more This study involved using an App to explore with detainees their understanding of the right to a lawyer and to identify what factors influence the take-up of legal advice. Also examined in this paper, from the users’ perspective, are potential barriers to accessing legal advice. While PACE safeguards provide detainees with early access to confidential legal advice, some of these legal requirements are simply ignored. It is recommended that a review of PACE should be undertaken and that this takes into account how technology could be used to help address some of the issues arising
This Country Report for Ireland has arisen out of a comparative study into police station legal a... more This Country Report for Ireland has arisen out of a comparative study into police station legal advice, led by Dr Vicky Kemp, University of Nottingham. She received a small grant from the British Academy/Leverhulme to undertake semi-structured interviews with defence lawyers and policy officers responsible for criminal legal aid in six jurisdictions.
January 2011 marks the 25th anniversary of the introduction of the unequivocal right of police st... more January 2011 marks the 25th anniversary of the introduction of the unequivocal right of police station detainees to obtain advice from a solicitor. However, while this right is a fundamental safeguard to procedural propriety, no large-scale investigation of the rates at which advice is requested or received has been undertaken in over a decade. This study, the most extensive yet undertaken, draws on data extracted from 30,921 custody records, across 44 police stations in 4 police force areas. We find the advice request rate has risen less than recent studies indicate. We also find substantial variation in request rates between police stations and police forces, after accounting for other factors, and a sharp drop in the request rate between ages 16 and 17. This drop supports proposals to extend requirements around appropriate adults to 17 year olds. We argue that, at a time of change in police station operation and advice provision, further monitoring of, and investigation into, the...
The vulnerability of juvenile suspects concerns all phases of proceedings but is probably greates... more The vulnerability of juvenile suspects concerns all phases of proceedings but is probably greatest during interrogations in the investigation stage. These early interrogations often constitute the juvenile suspects’ first contact with law enforcement authorities during which they are confronted with many difficult questions and decisions. Therefore, the juvenile suspect should already at this stage be provided with an adequate level of procedural protection. The research project ‘Protecting Young Suspects in Interrogations’ underlying this volume, sprung from the observation that the knowledge of the existing level of procedural protection of juvenile suspects throughout the European Union is limited. More specifically, there is very little knowledge of what actually happens when juvenile suspects are being interrogated. The research project aims to fill at least part of this gap by shedding more light on the existing procedural rights for juveniles during interrogations in five EU ...
While studies have explored adult suspects’ understanding of their legal rights, seldom are the e... more While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.
This study is based on a statistical analysis of police custody records. We earlier examined the ... more This study is based on a statistical analysis of police custody records. We earlier examined the take-up of legal advice and now turn our attention to the time people spend in police custody. We find that the average time people are detained seems to have risen over recent years and that a number of factors can impact on the length of detention, including differences found between police stations. The expectations that PACE would restrict the length of time individuals are held in custody were not borne out by the data from the police stations included in this study
Research has consistently shown that many people do not understand their legal rights when arrest... more Research has consistently shown that many people do not understand their legal rights when arrested by the police. In seeking to help address this problem, a prototype App was developed to provide information to suspects when detained by the police. The prototype was tested with 100 detainees in two large custody suites and the findings are presented in this report. A number of issues are addressed, including police decision-making and the processing of cases, access to legal advice, users’ perspectives of fairness in the criminal process, and the potential for technology to enhance procedural safeguards. The study identified a number of problems relating to suspects’ legal rights. These include, for example, difficulties for suspects in accessing legal advice; with no provision to facilitate a confidential telephone conversation between a solicitor and their client. There were also identified long delays, with the average length of detention being over 17 hours in both police stati...
This Country Report for Northern Ireland has arisen out of a comparative study into police statio... more This Country Report for Northern Ireland has arisen out of a comparative study into police station legal advice, led by Dr Vicky Kemp, University of Nottingham. She received a small grant from the British Academy/Leverhulme to undertake semi-structured interviews with defence lawyers and policy officers responsible for criminal legal aid in six jurisdictions
This Country Report for the Netherlands has arisen out of a comparative study into police station... more This Country Report for the Netherlands has arisen out of a comparative study into police station legal advice, led by Dr Vicky Kemp, University of Nottingham. She received a small grant from the British Academy/Leverhulme to undertake semi-structured interviews with defence lawyers and policy officers responsible for criminal legal aid in six jurisdictions: Belgium, England and Wales, Ireland, the Netherlands, Northern Ireland and Scotland. Dr Miet Vanderhallen was the consultant responsible for the research being undertaken in Belgium and the Netherlands, assisted by Enide Maegherman, both from the University of Maastricht.
The book is the result of the first part of the European Commission funded research project '... more The book is the result of the first part of the European Commission funded research project 'Protecting young suspects in interrogations: a study on safeguards and best practice'. The legal study underlying this volume consisted of comparative research into existing procedural safeguards for juvenile suspects during interrogation in the legal frameworks of five selected Member States of the European Union: Belgium, England and Wales, Italy, Poland and the Netherlands. In Chapter 3 are presented the comparative # findings in relation to England and Wales.
A study of police custody records highlighted variations between police stations both in the take... more A study of police custody records highlighted variations between police stations both in the take-up of legal advice and also in the average length of time people were held in custody. To further explore unobserved factors which might impact on such variations a qualitative study has been undertaken of four large police stations. While there were found to be factors in common between police stations which related to delays, there were other factors which were specific to one or two stations only. There were also found to be implications for delays creating potential barriers to legal advice. Such factors raise questions about the extent to which PACE continues to provide sufficient legal safeguards for those held in police custody.
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