Law Society issues civil rights warning over government's arrest plans

26 August 2010

The Law Society is warning that criminal suspects need to be given proper legal advice from a solicitor if they are being encouraged to admit their crimes in a police station in return for receiving a more lenient sentence.

The warning comes as Government plans have been unveiled whereby suspects will be told that if they own up to their crimes in police interviews they could have their sentences cut under cost-saving proposals.

The Society is concerned that a guarantee of escaping prison could encourage some suspects to make false confessions and that early guilty pleas could mean that police officers are less inclined to investigate cases thoroughly. However if the plans are to be introduced the priority is to ensure that suspects are properly advised by a solicitor when they are arrested.

The Law Society is warning that suspects who are taken to a police station after arrest need to be given appropriate legal advice so that they understand the legal position before confessing to a crime. It points out that, while the prospect of saving significant sums is appealing, the civil rights of suspects are paramount, as is avoiding the large costs of wrongful convictions.

The Society also makes the point that it is in the interests of the police that suspects should be represented, as those who have been advised by their own representative that it is in their interests to co-operate with the investigation are more likely to do so.

Law Society President Linda Lee said: "We have concerns about these reforms, but if they are implemented it will be essential to ensure that suspects have early access to legal advice in the police station, in order to ensure that the suspect is given appropriate advice.

She added, "We are calling on the new Sentencing Council to heed our concerns".

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