Improving pretrial justice: The roles of lawyers and paralegals

Using evidence from around the world, this book seeks to demonstrate that early intervention by lawyers and paralegals can have a positive impact on pretrial justice in general, and pretrial detention in particular. The evidence shows that early intervention schemes can reduce the use of pretrial detention, improve the performance of criminal justice personnel, lead to more rational and effective decision-making, and increase accountability and respect for the rule of law

Early access to legal aid in criminal justice processes: A handbook for policymakers and practitioners

This handbook was commissioned by the United Nations Office on Drugs and Crime, offering practical advice and guidance on implementing, at the early stages of the criminal process, the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems which were approved by the UN General Assembly in December 2012. It also includes training curricular for police officers and lawyers

What if police bail was abolished?

This paper presents an argument for the abolition of police bail without charge. The police have extensive powers to release on bail a person who they have arrested, without charging them with an offence. Moreover, they have extensive powers to attach conditions to that bail. There is no time limit on the period for which a person can be bailed, and little judicial oversight. These powers can have severe detrimental effects on persons bailed, and yet are almost unenforceable - and there is little or no evidence of their efficacy. The paper argues that government plans to regulate police bail are unlikely to be effective, that powers to impose conditions should be abolished, and that bail without charge should be limited to 14 days

The right of access to a lawyer at police stations: Making the European Union directive work in practice

Drawing on recent empirical research, the article examines the necessary conditions for effective implementation of the European Union Directive on the right of access to a lawyer. It discusses the range of complex and often inter-related factors that operate to help or hinder the process of ensuring that the right is 'practical and effective', and identifies the need for changes to the legal and occupational cultures of police, prosecutors and the criminal bar

CDS Direct: Flying in the face of the evidence

The product of a collaboration between Ed Cape and Lee Bridges (Professor of Law, Warwick University), this is a comprehensive analysis of the CDS (Criminal Defence Service) Direct policy. CDS Direct has significant implications for the right of a suspect arrested and detained by the police to consult a solicitor. The authors conclude that it undermines the statutory right to legal advice, is potentially in breach of Article 6 ECHR rights, and was introduced to cap legal aid expenditure

Proactive policing: limiting the role of the defence lawyer

This chapter examines the implications of proactive policing for defence lawyers, and defence lawyering, in the Netherlands and in England and Wales. It seeks to establish those issues that are jurisdiction-specific and, more importantly, those issues that cross jurisdictional boundaries. In principle defence lawyers in both jurisdictions must act in the best interests of their clients, which require them to prepare the most favourable case possible to present to the court. In the Netherlands, proactive methods which have led to prosecution evidence are frequently kept out of the file and thus kept secret from the defendant and his or her lawyer, and from the trial judge. Defence lawyers occupy a potentially ambiguous position in both of the major legal traditions in Europe. Proactive policing raises in an acute form a number of problems that defendants and defence lawyers experience in both inquisitorial and adversarial systems

The practice of pre-trial detention in England and Wales: Research report

This study of pre-trial detention (PTD) decision-making in England and Wales is part of a 10 country study funded by the European Commission, and managed by Fair Trials. The authors conducted a defence lawyer survey, observed PTD hearings, examined CPS files, and interviewed judges, magistrates and Crown prosecutors, between November 2014 and June 2015. The information obtained provides important insights into the way in which PTD is regulated and how that works in practice, and the authors make a number of significant recommendations designed to improve the decision-making process and reduce the inappropriate use of PTD

Effective Criminal Defence in Latin America

The book reports the results of a research study on the procedural rights of suspscts and defendants in practice in six Latin American countries: Argentina, Brazil, Columbia, Guatemala, Mexico and Peru. The aim of the book is to inspire a constructive and effective programme of policies and actions for setting standards and guidelines, both nationally within the countries covered by the study, and regionally within the Organisation of American States and the Inter-American Commission of Human Rights

Effective Criminal Defence in Europe. Executive Summary and Recommendations.

Summarizes findings on effective defense rights and access to justice in the EU, including issues in domestic legislation, adherence to European Convention on Human Rights standards, and systems ensuring the rights can be exercised. Makes recommendations

Quality assurance for advocates

This is the final report of a pilot study and evaluation of a mechanism for assessing the quality of criminal defence advocates acting under legal aid