Right of Suspect to Legal Advice

Under the Police and Criminal Evidence Act, otherwise known as PACE, suspects have a right to legal advice if interviewed under caution at a police station or custody centre. This is the same whether as volunteer or as a detained person. However interviewees under caution at another location, for example the home address, may not be told of this option. The Association of Chief of Police Officers (ACPO) has encouraged officers to maintain PACE standards when interviewing away from the station. The current requirement is that the person must be cautioned before interview and if at the home address, recorded contemporaneously. This is often done in a pocket book. At the end of the interview the person must be given a chance to read the record and sign as to its accuracy. If PACE codes have been violated or circumvented, a challenge may be made to this supposedly tainted evidence under section 78 of PACE. HS&Co and our sister branch of M23Law firmly believe that modern methods should be employed to record this issuing of rights before any interview away from the police station. Past experience has left us sceptical about the timely and proper uttering of the right to independent legal advice. This does not have to be from the local duty solicitor source but from specialist nationwide firms such as ours. There should be an addition we believe in that the suspect should always be informed that he or she has a right to legal advice at any time in the process, whether Legal Aid or on a private instruction. HS&Co are increasingly acting in police stations throughout Wales & England on a privately funded basis; without any State support. 'In Your Defence' is our motto.