BOOK REVIEW
DEFENDING SUSPECTS AT POLICE STATIONS
The practitioner’s guide to advice and representation
By Ed Cape, Matthew Hardcastle and Sandra Paul
With Jawaid Luqmani
ISBN 978 1 91227 395 9
LEGAL ACTION GROUP
The access to justice charity
www.lag.org.uk
A FUNDAMENTAL PURCHASE FOR CRIMINAL LAW PRACTITIONERS WITH POLICE REFORM HIGH ON THE PARLIAMENTARY AGENDA
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
“Defending Suspects at Police Stations” is available now in a new, eighth edition from the access to justice charity, the Legal Action Group (LAG). It remains the definitive guide for those advising detainees at the police station and is the substantive authority on such matters. The authors are Ed Cape, Matthew Hardcastle and Sandra Paul, with additional material from Jawaid Luqmani.
Without doubt, the book remains an essential purchase for solicitors, duty solicitors, custody officers, and criminal law students. It remains invaluable for those preparing for police station accreditation. As always, do read the Preface first to see what new developments have taken place since the seventh edition was published in 2017. The penultimate paragraph sums up much of the difficulties practitioners continue to face.
The editors write that “this book has now been published over a period nearing three decades”. As we can concur, they continue, saying “for more than two-thirds of that time, lawyers doing the work under the legal aid scheme have received no increase in the rate of remuneration.” They go further, referring to politicians “shirking their responsibilities”, and failing “to fully consult and engage” with lawyers over money.
A final, hard-hitting point arrives at the end of the Preface with these observations: “to a large extent, the criminal justice system is supported by the dedication and commitment of criminal defence lawyers”. The editors conclude saying “we hope that this book will, in a small way, contribute to sustaining fairness and justice.” Sadly, these words sum up the continuing deterioration of the criminal law processes in the 2020s which we, and many other practitioners see daily.
Ed Cape and his colleagues offer authoritative guidance in this new edition which remains, in our view, unrivalled. It remains a comprehensive work which is both accessible and practical at the same time. The editors provide the answers to every day practical questions and problems brilliantly here in one volume.
The 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 then tackle the various stages of advising a client including the taking of instructions, advising on what 'silence' means, interview strategies, samples and searches, identification processes and the decision to charge.
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 at a time of high controversy. Sadly, reading this new edition reinforces the view of the urgent need to review the wider role of the police in the 21st century once the pandemic and Brexit have been resolved.
The date of publication of this paperback edition is cited as 14th September 2020. The law is stated as 1st June 2020.
Do visit the publisher's website for recent developments and new titles.
