50% of Suspects in Police Custody Don’t Request Free Legal Advice

Anyone arrested by the police is entitled to free legal advice at and before interview. The access to free advice is not means-tested, though people can privately pay for a lawyer if they want. The stakes for the suspect are high. After they are arrested and detained they will be interviewed under caution and a decision will be made as to charge, as to whether to grant bail or whether to release under investigation. Some suspects walk free, though there is nothing to stop the police asking them back for a voluntary interview. Some people go straight from police custody to prison without even going to court – they can be remanded by the police then convicted or remanded in custody via a video link to a magistrates’ court. All these outcomes could be influenced by whether you have legal advice in police custody.

But new research from Dr Vicky Kemp (Criminal Law Review 2020.2) suggests that too few people are taking up the offer of free legal advice and suggests why not. There is no routinely collated and published data on how many suspects get legal advice but extensive FOI requests by Dr Kemp suggest that only 56% of those detained requested legal advice. Previous research suggests that a much lower percentage of people actually receive advice since people change their minds. Dr Kemp has designed an app to increase awareness of people’s legal rights on arrest. In testing this, she has discovered much more about why people look the gift horse of free legal advice in the mouth.

Read more: Penelope Gibbs, Justice Gap,https://is.gd/w2Lhbp