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Digital legal rights

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13 February 2020 / Michael Zander KC
Issue: 7874 / Categories: Features , Criminal
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Can digital systems benefit suspects in the police station? Michael Zander considers some of the legal issues

Digital systems could help in the provision of legal advice for suspects in police stations according to Dr Vicky Kemp of the University of Nottingham, writing in February’s issue of Criminal Law Review. Dr Kemp has been involved in police station research for over two decades (see ‘Digital legal rights: exploring detainees’ understanding of the right to a lawyer and potential barriers to accessing legal advice’ [2020] Crim. L.R. 129-147).

Many of the issues and problems regarding access to legal advice are well known:

  • suspects with a poor understanding of why legal advice might be beneficial;
  • the police failing to comply with the PACE rules enabling legal advice;
  • difficulties for solicitors to get through to clients on the phone;
  • solicitors reluctant to come to the police station until the interview; and
  • the telephone used by suspects to speak to solicitors physically sited so that the conversation can be overheard by custody staff.
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