NCJ Number
157951
Journal
Revue de science criminelle et de droit penal compare Issue: 2 Dated: (April-June 1995) Pages: 319-329
Date Published
1995
Length
10 pages
Annotation
The article compares the respective roles of defense attorneys during police interrogation in Great Britain and France and argues that French defense attorneys should be allowed to attend interrogations.
Abstract
Since 1984 British suspects have the right to legal assistance during the interrogation. This role is filled by "custody officers," senior police officers who assure that due process of law takes place. At the same time, publicly funded solicitors or private attorneys are available at the police station if suspects wish to consult with them. British court decisions indicate that the presence of solicitors benefits the suspects by protecting them at the time they are most vulnerable. In France, on the other hand, suspects have no right to legal council during the first 24 hours of interrogation. The police argue that such council is unnecessary since both the examining magistrate and public prosecutor control the interrogation. However, the article argues that these two independent agents do not preclude the presence of an attorney since neither of them is actually present during French interrogations. It is concluded that, despite differences in the two legal systems, both British and French suspects would benefit from the presence of a lawyer during interrogation.