The Quality of Police Station Legal Advice: Lessons from the Ground in England and Wales

1. Enhancing the Quality of Legal Aid 23 November 2017 in Vilnius, Lithuania The Quality of Police Station Legal Advice: Lessons from the Ground in England and Wales Dr Vicky Kemp, School of Law University of Nottingham

2. Background Information • Police station legal adviser in the 1980s and then a policy adviser with the former Legal Aid Board, dealing with criminal legal aid reform • Legal Services Commission – as a Senior Researcher in the former Legal Services Research Centre in the 2000s – and now a Principal Research Fellow in the School of Law, University of Nottingham • A number of research studies I have undertaken have raised questions about access and the quality of legal advice • Responses to research findings have led to the setting up of new duty solicitor arrangements, with lawyers being based in the custody block when on duty • Responses have also led to the creation of an App, which has been tested with users in police custody

3. Key Research Studies • A study of over 30,000 police electronic custody records • Examining variations in the take-up of legal advice in a study of the main station in the four areas • A survey of over 1,000 users in police stations, courts and prisons asking people about their choice of a solicitor and if they understood what was happening in the criminal process • BLAST – a study examining the new duty solicitor arrangements • A comparative study of procedural safeguards for young offenders in five jurisdictions – funded by the EU Commission • Currently undertaking a comparative study of different legal aid models in six jurisdictions • User testing an App to deliver to suspects information about their legal rights

4. Key Findings • On average 45% of suspects request legal advice and 36% receive such advice – but variations found between stations • The majority of people refuse legal advice because they ‘do not need’ a solicitor • People say that they understand what is happening but it is apparent that this is not always the case – many suspects think the duty is the police solicitor • The police are responsible for delivering to suspects their legal rights but such rights can be delivered quickly/unintelligibly • Suspects can be discouraged from having legal advice by perceiving that this will cause a delay • There are different models for providing publicly-funded police station legal advice – cost is a key issue that can impact on quality but also the relationship between the police and the defence

5. BLAST – Bridewell Legal Advice Study Changes made • A room was made available for duty solicitors in the police custody block • Duty solicitors were available to see clients when brought into custody • They were also available to discuss cases with the police and make representations Problems arising • Lawyers were kept out of the custody suite • There continued to be a lack of engagement police/lawyers at the pre-charge stage • Lawyers continued to be marginalised

6. Issues of Quality in England and Wales • The Police and Criminal Evidence Act 1984 (PACE) provides access to free and independent legal advice – to be available ‘as soon as practicable’ once a request has been made • The contract specification requires contact to be made within 45 minutes • Both lawyers and non-lawyers can provide advice but have to be accredited to do so • Legal advice should be available for all legal aspects of a suspect’s detention

7. Developing an App for Detainees • It is important that suspects understand their legal rights – understand what a lawyer is and how they can help them • It is also important for suspects to have access to a lawyer - not only for the interview but to deal with other legal issues • When developing a resource for detainees, it needs to contain a lot of information about the criminal process – so a web-based resource was created • This web-based resource was tested with 100 users while detained in police custody in two new large custody suites • More videos and graphics are needed to make the web-based resource user-friendly – but it helped to highlight issues of quality from the users’ perspective

8. Police Station Web-Based Resource – Findings • The web-based resource encouraged some suspects to change their mind and have a lawyer – but concerned about delays • There were many suspects who had requested legal advice but not spoken to their lawyer many hours later • A number of suspects were not aware that they could speak to a lawyer over the telephone • Having requested a lawyer, some suspects subsequently changed their mind due to the length of time they were had to wait • The study did help to highlight issues of quality from the users’ perspective • Some issues were due to the dominance of the police but it also seems that the quality of legal advice has reduced following the introduction of fixed fees for police station legal advice • This project in custody cannot proceed until suspects’ legal rights in law are reflected in practice

9. Digital Feedback • An App for suspects could digitally capture their experiences orally and this could be used to help them make a complaint • Boredom was said to be the most difficult part of being held in a cell for many hours with nothing to do • It was difficult for detainees to be held incommunicado – with no contact with the outside world, particularly if having concerns over children, the family and work • Many suspects were concerned that they had asked for legal advice but not spoken to a lawyer many hours later – they felt that their request had been refused • In looking to the future – most detainees said they would like improved communication with their lawyer – through a virtual connection in their cell

10. Recommendations • The study findings have been shared with the police - the next step is to share these findings with local defence solicitors so that a number of issues can be addressed • The following recommendations are to be made: • That suspects’ legal rights are adhered to in practice • That a duty solicitor room is set up in the two large custody suites so that lawyers are available • Detainees are better informed of their legal rights and TV monitors allow for virtual access to lawyers • It will also be recommended that joint training events are held between the police and the defence – possibly using SUPRALAT tools – available from the University of Maastricht

11. Developing the Suspects’ App • If a web-based custody resource is to be used this will require videos and graphics to replace the large amount of text currently used • A mobile App is to be created to advise suspects of their legal rights - this will be available publicly and tested with suspects when interviewed by the police on a voluntary basis • We will be developing a comprehension test and mental health assessment that can be incorporated into the App • A digital feedback form will also be developed – to capture suspects’ experiences and explore whether this has the potential to provide an independent complaints mechanism – for the police and the defence • We will be looking to use ‘chatbot’ – a computer programme that mimics conversation using artificial intelligence to help take suspects through the App