The Role of Lawyers During Police Detention and Questioning: A Comparative Study

Published in Justitiele Verkenningen (Judicial explorations), March 2014, available in Dutch

Warwick School of Law Research Paper No. 2014/06

10 Pages Posted: 7 May 2014

See all articles by Jacqueline Hodgson

Jacqueline Hodgson

University of Warwick - School of Law

Date Written: May 6, 2014

Abstract

Drawing on the findings of a recent empirical study conducted across four jurisdictions, this article considers the ways in which legal assistance is provided to suspects who are held in police custody for formal questioning. It sets out, very briefly, the legal framework developed by the European Court of Human Rights and now the EU, and the legal provisions in place in the four jurisdictions post Salduz. It then goes on to consider the kinds of factors that, in practice, promote or constrain the provision of effective legal assistance. These include the occupational cultures of police and lawyers and the availability of human and financial resources. Whilst the criminal processes of the four jurisdictions are different, there are many similarities in the working practices of police and lawyers and a lack of agreement among police and lawyers, as to the value of legal assistance to suspects before and during police interrogation.

Keywords: Defence lawyers, interrogation, Salduz, procedural safeguards, comparative

Suggested Citation

Hodgson, Jacqueline S., The Role of Lawyers During Police Detention and Questioning: A Comparative Study (May 6, 2014). Published in Justitiele Verkenningen (Judicial explorations), March 2014, available in Dutch, Warwick School of Law Research Paper No. 2014/06, Available at SSRN: https://ssrn.com/abstract=2433562

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

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United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

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