Ed Cape Professor of Criminal Law and Practice. Early access to legal aid means access to legal aid from the time that a person is suspected of, arrested.

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Presentation transcript:

Ed Cape Professor of Criminal Law and Practice

Early access to legal aid means access to legal aid from the time that a person is suspected of, arrested or detained in respect of, or charged with a criminal offence (whichever is the earliest) and throughout the period up to and including the first appearance before a judge for the purpose of determining whether the person is to be detained or released pending trial UNODC/UNDP Early access to legal aid in criminal justice processes: a handbook for policymakers and practitioners (UN, 2014), p. x 2

 Demand for legal aid at the early stages of the criminal process is unpredictable, and requires a 24/7 response  Co-operation of the police and law enforcement agents is critical to facilitate early access  Police and law enforcement agents have their own agenda, timescales and pressures  Suspects and accused are at their most vulnerable 3

 A legal framework that guarantees early access, and which regulates in detail how it is to be facilitated and delivered  Organisations, mechanisms and procedures for delivering early access  A sufficient number of skilled and knowledgeable legal aid providers who understand and are committed to delivering early access  Police officers, prosecutors and judges who understand and carry out their respective roles 4

 The right of access to a lawyer by a person arrested and detained by police, including during interrogation, is set out in statute  Detailed rules and procedures are set out in Codes of Practice which have legal status  Early access legal aid is provided by lawyers in private practice, who also participate in a duty lawyer scheme  Lawyers can employ qualified para-legals to provide police station legal advice 5

 Following early criticism, the Law Society adopted an ‘active defence’ approach, and articulated detailed standards  Transparency and accountability of the police is provided by a number of mechanisms, including the custody record, electronic recording of interrogations, and CCTV  The judiciary have made some strong decisions about the importance of early access legal aid, and of an active role by lawyers 6

… is challenging But there are many rewards for individuals, communities and nations 7