Police Interview Loopholes
Certain aspects of police interviews have become a concern of the Law Society. The concern was raised after it became apparent that some police officers have been denying those suspected of committing a crime the right to legal representation.
The way in which police are getting around the Police and Criminal Evidence Act 1984 (PACE) is to interview suspects in their homes without having a solicitor there. However, police are not technically acting in an unlawful way, they are using a loophole in the PACE Act under section 58. This section refers to a suspect having the right to consult with a solicitor if they are being held in a ‘police station’ and does not mention this right if the suspect is being held elsewhere.
The Law Society has stated however that any suspect being interviewed anywhere has the right to free legal advice and have asked that section 58 be amended.