Ed Cape

The authors' authoritative guidance is unrivalled. Comprehensive yet highly accessible and practical, Defending Suspects at Police Stations provides the answers to every day practical questions and problems. Initial chapters explain the basic principles of defending clients at the investigative stage and examine the key provisions of PACE and the Codes of Practice. Subsequent chapters tackle the various stages of advising a client including taking instructions, advising on 'silence', interview strategies, samples and searches, identification procedures and the charge decision. The book also includes dedicated chapters on advising and assisting vulnerable clients, on enforcement of the PACE and Code provisions, and on advising immigration detainees. The ninth edition is fully updated to include all key developments since the last edition in 2020, plus the latest codes, regulations and guidance issued by the Home Office, the College of Policing and the CPS and the latest case-law. Defending Suspects at Police Stationsis supported by bi-annual police station updates in Legal Action magazine.

Defending Suspects at Police Stations is the definitive guide for those advising detainees at the police station. It is an essential purchase for solicitors, duty solicitors, custody officers, criminal law students and in particular for those preparing for police station accreditation. Ed Cape's authoritative guidance is unrivalled. Comprehensive yet highly accessible and practical, Cape provides the answers to every day practical questions and problems. Initial chapters explain the basic principles of defending clients at the investigative stage and examine the key provisions of PACE and the Codes of Practice. Subsequent chapters tackle the various stages of advising a client including taking instructions, advising on 'silence', interview strategies, samples and searches, identification procedures and the charge decision. The book also includes dedicated chapters on advising and assisting vulnerable clients, on enforcement of the PACE and Code provisions, and on advising immigration detainees.

This Training Framework is based on the empirical study of the procedural rights of suspects in four European Union (EU) jurisdictions - England and Wales, France, the Netherlands and Scotland - conducted in the period 2011-2013. The study focused on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected and accused persons in criminal proceedings: the right to interpretation and translation; the right to information and the letter of rights; and the right of access to a lawyer before and during police interrogation, as well as the right to silence. The results were published in the book Inside Police Custody: An Empirical Account of Suspects' Rights in Four Jurisdictions, Ius Commune Europaeum No. 113. The objective of the training framework is to enhance the knowledge, understanding and skills of criminal justice practitioners - police officers and defence lawyers - in respect of the procedural rights of suspects in police detention. It seeks to do this by orientating the framework around the requirements of EU law on procedural rights, as set out in the EU Directives referred to above, and by suggesting appropriate training strategies. The framework incorporates best-practice identified during the observational stage of the research study, and is designed to be applicable across EU Member States. Since training courses for police officers and lawyers rarely focus exclusively on the procedural rights of suspects, the training framework is not intended to provide a model for stand-alone training. Building on the findings of the research, and the pilot training programme carried out as part of the research project, the training framework is designed as a tool to be used in the planning of training programmes on the procedural aspects of police custody, for both police officers and lawyers. In this regard, it highlights the procedural rights to be addressed through training, and the training methods that may be suitable for ensuring their effective delivery in practice. The research study and development of the training framework was carried out by the Universities of Maastricht, Warwick and the West of England, together with JUSTICE. Avon and Somerset Police and the Open Society Justice Initiative were also collaborators on the project.

Every year, millions of people across Europe - innocent and guilty - are arrested and detained by the police. For some, their cases go no further than the police station, but many others eventually appear before a court. Many will spend time in custody both before and following trial. Initial attempts by the European Union to establish minimum procedural rights for suspects and defendants failed in 2007 in the face of opposition by a number of Member States that argued that the ECHR rendered EU regulation unnecessary. However, with ratification of the Lisbon Treaty, criminal defence rights are again on the agenda. Based on a three year research study, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. Part I sets out the research methodology and an analysis of the baseline requirements that, according to European Court of Human Rights case law, have an impact on the rights of the accused. In addition to the general fair trial rights, such as the presumption of innocence, the right to silence, equality of arms, and the (conditional) right to release pending trial, the rights explored include: the right to information, the right to legal assistance and legal aid, and a number of procedural rights, such as the right to adequate time and facilities to prepare a defence, participation rights, the right to free interpretation and translation, and the right to reasoned decisions and to appeal. Part II consists of a description and critical analysis of access to effective criminal defence in the nine countries in the study. Part III includes a cross-jurisdictional analysis of compliance, in law and in practice, with the ECHR requirements. It also contains an analysis of how they interrelate, and of whether structures, systems and legal cultures exist to enable individuals to effectively exercise these rights. This volume sets out to contribute to the implementation of the rights of suspects and defendants to a real and effective defence, especially for those who lack the means to pay for legal assistance themselves. The recommendations are designed to contribute to the development of meaningful policies and processes that will help to ensure effective criminal defence across the EU. The book is essential reading for academics, researchers, students, defence lawyers and policy-makers in the area of criminal justice in Europe.