The Role of Lawyers During Police Detention and Questioning

Contemporary Readings in Law and Social Justice Volume 7(2), 2015, pp. 7–16, ISSN 1948-9137

Warwick School of Law Research Paper No. 2015/9

11 Pages Posted: 20 May 2015

See all articles by Jacqueline Hodgson

Jacqueline Hodgson

University of Warwick - School of Law

Date Written: April 18, 2015

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: defense lawyers, interrogation, Salduz, procedural safeguards, comparative

Suggested Citation

Hodgson, Jacqueline S., The Role of Lawyers During Police Detention and Questioning (April 18, 2015). Contemporary Readings in Law and Social Justice Volume 7(2), 2015, pp. 7–16, ISSN 1948-9137, Warwick School of Law Research Paper No. 2015/9, Available at SSRN: https://ssrn.com/abstract=2607545

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

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United Kingdom
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02476 524105 (Fax)

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

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