NCJ Number
203463
Journal
The Howard Journal of Criminal Justice Volume: 42 Issue: 5 Dated: December 2003 Pages: 452-470
Date Published
December 2003
Length
19 pages
Annotation
This article examines the experience of young criminal suspects and pre-trial remand prisoners in accessing legal advice.
Abstract
In England and Wales, the presumption of innocence is the preeminent theoretical safeguard granted to criminal suspects. The right to access legal assistance provides protection against wrongful conviction and is granted to all criminal suspects according to the Police and Criminal Evidence Act 1984 (PACE) and the Human Rights Act 1998 (HRA). The authors argue that access to this legal advice is particularly important for young criminal suspects and pre-trial remand prisoners. However, despite the importance of legal assistance and the rights outlined under PACE and the HRA, the article outlines potential problems facing these two groups of suspects in regard to accessing legal advice. The argument is put forth that there is a chasm between the rights provided by PACE and the HRA and what actually occurs in everyday practice with these two groups of suspects. The authors consider whether the experience of remand prisoners and young suspects in their attempts to access legal advice breaches Article 6(3)(c) of the HRA. Implications of the breach of human rights are considered and recommendations are provided for closing the chasm between legislative policy and practice. The most important recommendation involves the dissemination of information to citizens about the nature of their enhanced rights under the HRA and how these rights may be used. Notes, references