Inside Police Custody: An Empirical Account of Suspects' Rights in Four Jurisdictions (IUS Commune: European and Comparative Law Series 113)

Inside Police Custody: An Empirical Account of Suspects' Rights in Four Jurisdictions (IUS Commune: European and Comparative Law Series 113)

By: Jacqueline Hodgson (editor), Taru Spronken (editor), Ed Cape (editor)Paperback

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Description

This empirical study of the procedural rights of suspects in four EU jurisdictions - France, Scotland, the Netherlands and England and Wales - focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings - the right to interpretation and translation; the right to information and the letter of rights; and the right to legal assistance before and during police interrogation. In order to examine how these procedural rights operate in practice, the authors spent between two and five months in eight field sites across the four jurisdictions. During this time they observed lawyers and police officers during the period of police custody; examined case records; observed lawyer-client consultations; and attended suspect interrogations. Furthermore, they conducted 75 interviews with police officers, lawyers and accredited legal representatives. In addition to producing and analysing empirical data, the authors have developed training guidelines for lawyers and police officers involved in the police detention process for use across the EU. The project team also produced a series of recommendations for legislative and policy changes designed to ensure better enforcement of the EU procedural rights' instruments that are envisaged in the Stockholm Programme. The was carried out by the Universities of Maastricht, Warwick and the West of England, together with JUSTICE. Avon and Somerset Police and the Open Society Justice Initiative were also collaborators on the project.

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Contents

PREFACE AND ACKNOWLEDGEMENTS BIOGRAPHIES LIST OF ABBREVIATIONS POLICE DETENTION TIMELINE CHAPTER 1 INSIDE POLICE CUSTODY: THE AIMS OF THE RESEARCH AND THE NORMATIVE FRAMEWORK 1. Introduction 1.1. The Empirical Study 1.2. The Training Framework 2. The Normative Perspective: the ECHR and the EU Directives 2.1. The Right to Free Interpretation and Translation 2.2. The Right to Information 2.2.1. Information Regarding Rights 2.2.2. Information About Arrest, the Nature and Cause of the Accusation, and Charge 2.2.3. Information Regarding Material Evidence/The Case File 2.3. The Right to Legal Assistance 2.3.1. The Point at Which the Right to Legal Assistance Arises 2.3.2. Legal Assistance During Interrogation 2.3.3. The Right to Private Consultation with a Lawyer 2.3.4. Choice of Lawyer 2.3.5. The Role, Independence and Standards of Lawyers 2.4. The Privilege Against Self-Incrimination and the Right to Silence 2.5. The EU Directives 2.5.1. Scope of the Directives 2.5.2. Directive on the Right to Interpretation and Translation 2.5.3. Directive on the Right to Information in Criminal Proceedings 2.5.4. Directive on the Right of Access to a Lawyer 3. How to Read this Book Bibliography CHAPTER 2 RESEARCH METHODOLOGY 1. Introduction 2. Earlier Research Studies 2.1. England and Wales 2.2. France 2.3. The Netherlands 2.4. Scotland 3. Setting Up and Managing the Project 3.1. The Team 3.2. Getting Started 3.3. Managing the Project 4. Developing Research Instruments 4.1. The Desk Review 4.2. The Observation Schedule 4.3. The Case Pro Formas 4.4. The Interview Schedules 4.5. Referencing the Data 4.6. Coding for Analysis 5. Fieldwork Training and Preparation 5.1. Preparing for the Field 5.2. Training 6. Agreeing the Field Sites 6.1. England and Wales 6.2. France 6.3. The Netherlands 6.4. Scotland 7. Negotiating Access and Carrying out Observations 7.1. England and Wales 7.2. France 7.3. The Netherlands 7.4. Scotland 8. The Fieldwork Data 9. Approaches to Data Analysis Bibliography CHAPTER 3 THE CONTEXT: AN OVERVIEW OF SUSPECTS' RIGHTS IN ENGLAND AND WALES, FRANCE, THE NETHERLANDS AND SCOTLAND 1. Introduction 2. England and Wales 2.1. What Does the System Overall Look Like? 2.2. Status at Trial of Evidence Obtained at the Investigative Stage 2.3. How Does Police Detention and Interrogation Work in Terms of Power and Responsibilities? 2.3.1. Authority to Stop and Detain 2.3.2. Criteria for Detention 2.3.3. Minors 2.3.4. Records 2.3.5. How Many Police Detentions of Suspects Each Year? Is this Stable? 2.4. What Rights Does the Suspect Detained in Police Custody Have? At what Point Do the Rights Apply? 2.4.1. External Supervision 2.4.2. Right to Know Reason for Arrest and Detention 2.4.3. Information on Rights; Letter of Rights 2.4.4. Right of Access to the Case File and Disclosure at the Investigative Stage 2.4.5. Legal Assistance 2.4.6. Right to Silence 2.4.7. Right to Medical Examination 2.4.8. Right to Have Someone Informed of Detention 2.4.9. Right to Interpreter/Translation 2.4.10. Right to Inform Consulate/Embassy 2.5. What Are the Remedies for Breach of these Rights? 2.6. Do Suspects Request a Lawyer? Conditions for Waiver 2.7. Extent of Lawyer's Role 2.8. Power to Exclude a Lawyer from a Police Interrogation 2.9. Arrangements for Provision of and Payment for Custodial Legal Advice 3. France 3.1. What Does the System Overall Look Like? 3.2. Status at Trial of Evidence Obtained at the Investigative Stage 3.3. How Does Police Detention and Interrogation Work in Terms of Powers and Responsibilities? 3.3.1. Authority to Stop and to Detain 3.3.2. Criteria for Detention 3.3.3. Minors 3.3.4. Records 3.3.5. How Many Police Detentions of Suspects each Year? Is this Stable? 3.4. What Rights Does the Suspect Detained in Police Custody Have? At what Point Do the Rights Apply? 3.4.1. External Supervision 3.4.2. Right to Know Reason for Arrest and Detention 3.4.3. Information on Rights; Letter of Rights 3.4.4. Right to Access to the Case File and Disclosure at the Investigative Stage 3.4.5. Legal Advice and Assistance 3.4.6. Right to Silence 3.4.7. Right to Medical Examination 3.4.8. Right to Have Someone Informed of Detention 3.4.9. Right to Interpreter/Translation 3.4.10. Right to Inform Consulate/Embassy 3.5. What Are the Remedies for Breach of these Rights? 3.6. Do Suspects Request a Lawyer? Conditions for Waiver 3.7. Extent of Lawyer's Role 3.8. Power to Exclude Lawyer from an Interview 3.9. Arrangements for Provision and Payment of Custodial Legal Advice 4. The Netherlands 4.1. What Does the System Overall Look Like? 4.1.1. Definition of 'Suspect', 'Reasonable Suspicion' and Charge 4.2. Status at Trial of Evidence Obtained at the Investigative Stage 4.3. How Does Police Detention and Interrogation Work in Terms of Powers and Responsibilities? 4.3.1. Authority to Stop and Detain 4.3.2. Criteria for Detention 4.3.3. Minors 4.3.4. Records 4.3.5. How Many Police Detentions of Suspects each Year? Is this Stable? 4.4. What Rights Does the Suspect Detained in Police Custody Have? At what Point Do the Rights Apply? 4.4.1. External Supervision 4.4.2. Right to Know Reason for Arrest and Detention 4.4.3. Information on Rights; Letter of Rights 4.4.4. Right of Access to the Case File and Disclosure at the Investigative Stage 4.4.5. Legal Assistance 4.4.6. Right to Silence 4.4.7. Right to Medical Examination 4.4.8. Right to Have Someone Informed of Detention 4.4.9. Right to Interpreter/Translation 4.4.10. Right to Inform Consulate/Embassy 4.5. What Are the Remedies for Breach of these Rights? 4.6. Do Suspects Request a Lawyer? Conditions for Waiver 4.7. Extent of Lawyer's Role 4.8. Role of Lawyer in Police Interview and Power to Exclude Lawyer from a Police Interview 4.9. Arrangements for Provision and Payment of Custodial Legal Advice 5. Scotland 5.1. What Does the System Overall Look Like? 5.2. Status at Trial of Evidence Obtained at the Investigative Stage 5.3. How Does Police Detention and Interrogation Work in Terms of Powers and Responsibilities? 5.3.1. Authority to Stop and Search and Detain 5.3.2. Criteria for Detention 5.3.3. Minors 5.3.4. Records 5.3.5. How Many Police Detentions of Suspects each Year? Is this Stable? 5.4. What Rights Does the Suspect Detained in Police Custody Have? At what Point do the Rights Apply? 5.4.1. External Supervision 5.4.2. Right to Know Reason for Arrest and Detention 5.4.3. Information on Rights; Letter of Rights 5.4.4. Right to Access to the Case File and Disclosure at the Investigative Stage 5.4.5. Legal Assistance 5.4.6. Right to Silence 5.4.7. Right to Medical Examination 5.4.8. Right to Have Someone Informed of Detention 5.4.9. Right to Interpreter/Translation 5.4.10. Right to Inform Consulate/Embassy 5.5. What Are the Remedies for Breach of these Rights? 5.6. Do Suspects Request a Lawyer? Conditions for Waiver 5.7. Extent of Lawyer's Role 5.8. Power to Exclude a Lawyer from a Police Interrogation 5.9. Arrangements for Provision and Payment of Custodial Legal Advice Bibliography CHAPTER 4 INTERPRETATION AND TRANSLATION 1. Introduction 2. Regulation of Interpretation in the Four Jurisdictions 2.1. England and Wales 2.2. France 2.3. Netherlands 2.4. Scotland 3. Arrangements for Interpretation at the Police Station in Practice 3.1. Level of Demand for Interpretation 3.2. Interpretation at the Initial Stage of Detention 3.3. Interpretation During Lawyer-Client Consultation 3.4. Interpretation During Interrogation 3.5. Interpretation by Telephone 3.6. Using Single or Multiple Interpreters During Detention 3.7. The Use of Interpreters and Delay 4. Identifying the Need for Interpretation/Translation 4.1. Police Identification of Need 4.2. Lawyers' Identification of Need 4.3. Identifying the Appropriate Language 5. Understanding of the Interpretation Requirements 5.1. Understanding the Right 5.2. Familiarity with the Arrangements for Provision of Interpretation 6. Quality of Interpretation 6.1. Using Accredited Interpreters 6.2. Professionalism of Interpreters 6.3. Standard of Interpretation 7. Arrangements for Translation of Documents 8. Conclusions Bibliography CHAPTER 5 THE RIGHT TO INFORMATION ON RIGHTS 1. Introduction 1.1. The EU Directive on the Right to Information in Criminal Proceedings 1.2. The Structure and Content of this Chapter 2. Information on Rights at Arrest and Detention 2.1. The (Statutory) Regulation of Information on Rights in the Four Jurisdictions 2.2. The Process of Informing Suspects of their Rights 2.3. Voluntary Attenders 2.4. Language Used 2.5. Oral Information 2.6. The SARF Procedure 3. Written Information 3.1. Letter of Rights 3.2. Posters on the Wall 4. Information Concerning the Accusation and the Reasons for Arrest or Detention 4.1. Regulation in the Four Jurisdictions 4.2. Information on the Accusation and Reasons for Arrest or Detention in Practice 4.2.1. England and Wales 4.2.2. The Netherlands 5. Vulnerable Suspects 6. Obstacles to the Effective Communication of Rights 6.1. The Wish to Be Released as Soon as Possible 6.2. Drunk and Intoxicated Suspects 6.3. Interpretation and Translation Issues 7. Perceptions of Police and Lawyers as to the Effectiveness of the Provision of Information on Rights 8. Conclusions Bibliography CHAPTER 6 THE ORGANIZATION OF CUSTODIAL LEGAL ADVICE AND ASSISTANCE 1. Introduction 2. Arrangements for Providing Legal Advice and Assistance 2.1. England and Wales 2.2. France 2.3. The Netherlands 2.4. Scotland 3. The Suspect's Decision to Request Legal Advice 3.1. England and Wales 3.2. France 3.3. The Netherlands 3.4. Scotland 4. Providing Legal Advice: Who Attends 5. Providing Legal Advice: Telephone Advice or Face-to-Face? 5.1. England and Wales 5.2. France 5.3. The Netherlands 5.4. Scotland 6. Disclosure and Legal Advice 6.1. England and Wales 6.2. France 6.3. The Netherlands 6.4. Scotland 7. Perceptions of the Right to a Lawyer 7.1. England and Wales 7.2. France 7.3. The Netherlands 7.4. Scotland 8. Conclusions Bibliography CHAPTER 7 DELIVERING CUSTODIAL LEGAL ADVICE 1. Introduction 2. The Lawyer-Client Consultation: Assembling Information 2.1. When Does the Consultation Take Place and for How Long? 2.2. Gathering Information from the Suspect 2.3. Taking Notes During the Consultation 2.4. Explaining the Role of the Lawyer 2.5. Explaining the Detention Procedure 2.6. Requesting an Interpreter 3. Advising the Suspect whether to Answer Questions 3.1. Directive Approach by the Lawyer 3.2. Setting Out the Options - the Lawyer Advises 3.3. Setting out the Options - the Suspect Decides 4. Assisting the Suspect Beyond Interrogation 5. Lawyers' Perspectives on Their Own Role 5.1. New and 'Repeat' Suspects 5.2. Lawyers Ensure Procedural Compliance 5.3. Lawyers Unable to Make a Difference 5.4. Lawyers as Moral Support 5.5. Lawyers Empathizing with Police Role 5.6. The Importance of Good Working Relationships with the Police 5.7. Lawyers Asserting Suspects' Rights 5.8. The Importance of Lawyers' Own Professional Ideology 6. Police Perspectives on the Lawyer's Role 6.1. Lawyers in Opposition to the Police 6.1.1. England and Wales 6.1.2. France 6.1.3. The Netherlands 6.1.4. Scotland 6.2. Lawyers and Advice to Remain Silent 6.3. 'Lawyers Should Remain Passive' 6.4. 'Lawyers Make No Real Difference' 6.5. Lawyers as a Procedural Protection and Supporting the Suspect 6.6. Lawyer Role in Facilitating the Process 7. Conclusion Bibliography CHAPTER 8 POLICE INTERROGATION AND THE RIGHT TO SILENCE 1. Introduction 2. Police Interrogation in the Four Jurisdictions 2.1. The Purposes and Functions of Police Interrogation 2.2. The Regulation of Police Interrogation and the Consequences of Breach 3. Interrogation in Practice 3.1. Duration of Interrogations 3.2. Recording of Interrogations 3.3. The Conduct of Interrogations 4. The Right to Silence in Interrogations 4.1. Notification of the Right to Silence in Interrogations 4.2. Explanation and Understanding of the Right to Silence 4.3. The Right to Silence and Interrogation Strategies 5. Lawyers' Attendance at Police Interrogations 5.1. Attendance at Interrogations in the Four Jurisdictions 5.2. Factors Influencing Lawyers' Attendance at Interrogations 5.2.1. Seriousness of the Offence and Suspects' Vulnerability 5.2.2. Organization of Delivery of Legal Advice and Remuneration 5.2.3. Organization of Police Interrogations 5.3. The Attitudes of Lawyers to Attendance at Interrogations 6. The Role of Lawyers in Interrogations 6.1. Lawyers' Role in Interrogations in Practice in the Four Jurisdictions 6.1.1. England and Wales 6.1.2. Netherlands and France 6.1.3. Scotland 6.2. Factors that Influence the Lawyer's Role During Interrogations 6.2.1. The Attitudes of the Police 6.2.2. Professional Cultures 6.3. The Effects of the Lawyer's Presence in Interrogations 7. Conclusions Bibliography CHAPTER 9 CONCLUSIONS AND RECOMMENDATIONS 1. Introduction 2. A Suspect-Focused Perspective 3. Compliance with EU Directives in the Four Jurisdictions 3.1. The Right to Interpretation and Translation 3.2. The Right to Information 3.3. The Right of Access to a Lawyer 3.4. The Right to Silence 4. The Importance of Clear and Detailed Regulations and Procedures, Accompanied by Effective Verification Procedures 5. Occupational Cultures and Mutual Understanding of Roles 6. Legal Aid and Duty Lawyer Schemes 7. Training 8. Recommendations 8.1. Interpretation and Translation 8.2. The Right to Information 8.3. The Right of Access to a Lawyer (other than During Police Interrogation) 8.4. Police Interrogation and the Right to Silence Bibliography OVERVIEW ANNEXES ANNEX 1 INSIDE POLICE CUSTODY: TRAINING FRAMEWORK ON THE PROVISIONS OF SUSPECTS'S RIGHTS ANNEX 2 DESK REVIEW OUTLINE ANNEX 3 RESEARCH QUESTIONS SCHEDULE ANNEX 4 CASE LOG PRO-FORMA LAWYER OBSERVATIONS ANNEX 5 CASE LOG PRO-FORMA POLICE STATION OBSERVATIONS ANNEX 6 POLICE INTERVIEW PRO-FORMA ANNEX 7 LAWYER INTERVIEW PRO-FORMA ANNEX 8 OVERVIEW OF THE COLLECTED DATA ANNEX 9 OVERVIEW OF THE DATA COLLECTION PERIODS ANNEX 10 LANGUAGE IDENTIFICATION CARD (SCOTLAND) ANNEX 11 INTERPRETERS INTRODUCTION SHEET (SCOTLAND) ANNEX 12 NOTES FOR THE GUIDANCE OF ACCUSED PERSONS (SCOTLAND) ANNEX 13 SOLICITOR ACCESS - PROVISION OF RIGHTS FLOWCHART (SCOTLAND) ANNEX 14 CPOS PRE-INTERVIEW REVIEW OF RIGHTS (SCOTLAND) ANNEX 15 POLICE STATEMENT FORM S14 DETENTION (SCOTLAND)

Product Details

  • publication date: 05/12/2013
  • ISBN13: 9781780681573
  • Format: Paperback
  • Number Of Pages: 606
  • ID: 9781780681573
  • weight: 1021
  • ISBN10: 1780681577

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