NCJ Number
165717
Journal
Criminal Behaviour and Mental Health Volume: 6 Issue: 3 Dated: (1996) Pages: 231-239
Date Published
1996
Length
9 pages
Annotation
This article briefly reviews research concerning the frequency and quality of legal advice provided in police stations in England and Wales.
Abstract
Studies indicate that the presence of legal advisors has increased since the introduction of the Police and Criminal Evidence Act (PACE) of 1984, although some studies have encountered difficulty in determining the actual status of legal advisors. Many legal advisors are not qualified lawyers and their ability to advise clients has been called into question. The finding that many legal advisors adopt a passive or complaint role is discussed in relation to the inflexible definition of their role under PACE. The authors believe the passive or compliant role of legal advisors fails to address the client's welfare and emotional needs. They use the question of "fitness for interview," which psychiatrists and forensic medical examiners are increasingly being asked to decide, as an example of the additional demands made on legal advisors that are not reflected under PACE. The authors recommend that the role of legal advisors under PACE be amended to reflect these additional demands. 30 references