Legal advice at the investigative stage. The importance of context and culture Professor Taru Spronken, University of Maastricht, Netherlands Professor Ed Cape, University of the West of England, Bristol, UK. Two projects. Study of procedural safeguards - completed December 2005
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The importance of context and culture
Professor Taru Spronken, University of Maastricht, Netherlands
Professor Ed Cape, University of the West of England, Bristol, UK
Procedural Rights in Criminal Proceedings:
Existing Level of Safeguards in the
Taru Spronken and Marelle Attinger
Faculty of Law, Department of Criminal Law and Criminology
University of Maastricht
12 December 2005
Directorat General Justice Freedom and Security European Commission
Legal aid Total budget % Criminal legal aid
Poland € 17.205.595 1,84% € 316.582
Sweden € 65.909.090 88% € 58.000.000
E&W € 2.343.310.032 6,07% € 142.238.919
France € 4.887.212.121 1,65% € 80.639.000
Netherlands € 83.526.000
Ed Cape, Jackie Hodgson, Ties Prakken and Taru Spronken
EU AGIS funded project
States must ‘ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence’.
Basic Principles on the Role of Lawyers principle 5, adopted by 8th UN Congress on the Prevention of Crime etc., Havana, 7 September 1990
A suspected person has the right to legal advice as soon as possible and throughout the criminal proceedings if s/he wishes to receive it, and this right should include legal advice before answering questions in relation to the charge (art 2).
The cost of legal advice is to be borne by the state where it would otherwise cause undue financial hardship.
In theory, the role of defence lawyers differs depending upon the way in which the legal system is conceived –
‘The solicitor’s only role in the police station is to protect and advance the legal rights of their client… The solicitor may intervene to seek clarification, challenge an improper question… or the manner in which it is put, advise their client not to reply to particular questions, or if they wish to give their client further legal advice’ (Code C Note for Guidance 6D)
However, the value of legal advice is limited by –