Chapter

Pre-Interrogation Advice

Mike McConville, Jacqueline Hodgson, Lee Bridges and Anita Pavlovic

in Standing Accused

Published in print February 1994 | ISBN: 9780198258681
Published online March 2012 | e-ISBN: 9780191681851 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258681.003.0004

Series: Oxford Monographs on Criminal Law and Justice

Pre-Interrogation Advice

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This chapter explores how firms of solicitors respond when requested to provide legal advice to a person who is held by the police pending interrogation. In addition to the twenty-two firms studied in the primary research, the observations of police station advisory work discussed in this chapter and Chapter 5 were supplemented by observations undertaken in 1991 and 1992 in research performed on behalf of the Royal Commission on criminal justice. The Royal Commission survey included twenty-six firms of solicitors and three independent agencies who supplied personnel to attend police stations on behalf of firms of solicitors with whom they had contracted. Before looking in detail at this, however, it is necessary to sketch the historical context of legal advice during interrogations. It is shown that the research presented shows that the official rhetoric is unfulfilled in many respects. A large proportion of suspects do not receive legal advice at the police station. Many do not value the importance of their entitlement, some are dissuaded by the police, and some are confronted by solicitors who do not wish to attend.

Keywords: interrogation; solicitors; legal advice; police station; Royal Commission; criminal justice

Chapter.  13600 words. 

Subjects: Criminal Law

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