Sunday 31 August 2008

Home Office Proposal - Post Charge questionning



All well and good this idea BUT:

a) The Police have had to improve their questionning to make sure they have enough prior to charge. This proposed change would allow them to get lazy and just ask for a post charge interview. That is not efficient.

b) The whole reason for stooping this practice 24 years ago was to stop abuse and oppressive questionning etc.

c) The most important impact will be this; They legal services commission will have to completely change the fee structure for solicitors attending at Police Stations. At the the moment it is all fixed fee. But if solicitors have to keep coming back for post charge interviews as part of the fixed fee then only one thing will happen. Criminal solicitors cannot take such a loss of income (it is hard enough as it is). Therefore they will simply refuse to attend or tell the client to no comment via phone. This will not be in the interests of justice.

I doubt this has been thought about but it willbe a big problem.

Finally remember that police can re interview post charge at the moment but only if they have a very good reason. (surely that is the best approach).

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