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NCJ Number: 203463 Find in a Library
Title: Access to Legal Advice for Young Suspects and Remand Prisoners
Journal: The Howard Journal of Criminal Justice  Volume:42  Issue:5  Dated:December 2003  Pages:452-470
Author(s): Fiona Brookman; Harriett Pierpoint
Date Published: December 2003
Page Count: 19
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United Kingdom
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
Main Term(s): Access to legal information; Juveniles; Pretrial procedures
Index Term(s): Criminal justice system analysis; Human rights violations; Legislative issues; Remand procedures
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