I write in response to the article ‘Suspects denied right to consult solicitor’. As I have been representing the Association of Chief Police Officers (ACPO) on Police and Criminal Evidence Act (PACE) strategy I wanted to clarify the national policing position on this matter.

PACE sets out the police powers to deal with and investigate crime. As such, it is a core element in the relationship between the police and the public and the way in which the police service discharges its duties in serving the public. The PACE codes provide a clear statement of the rights of the individual and the powers of the investigator. Police officers must follow these standards to ensure that evidence recorded under interview can be used for further court proceedings. Where it is alleged that evidence has been obtained unfairly or the PACE codes have been circumvented, then the defence can challenge the evidence and the court can rule such evidence inadmissible or unfairly obtained under section 78 of PACE.

While PACE requires police officers to inform a person of the right to free legal advice at a police station, whether the person is there under arrest or has attended voluntarily, it does not make such a requirement where a person is being interviewed at home.

ACPO, however, encourages adherence to the rules of PACE as far as possible when an officer interviews a person away from a police station. Such adherence includes advising a suspect of the right to legal advice. The current requirement is that a person must be cautioned before interview and any interview conducted at a person’s home address must be recorded contemporaneously. At the end of the interview the person must be given the opportunity to read the contemporaneous record and sign it to say that it is accurate.

Anticipated changes to the PACE codes will include a requirement for officers to advise a suspect of the right to legal advice, both where the person is interviewed in the police station and where the person is interviewed at any other location.

Patricia Wooding,representing ACPO on PACE, London