Impact of legal aid reforms on custody suite procedures – update

January’s Digest covered the changes to custody suite procedures regarding the information to be provided to detainees and the contacting of solicitors through the defence solicitor call centre (DSCC).

The January Digest stated that police were required to inquire whether a suspect wished to pay for legal advice. Since publication, the proposals were changed prior to implementation.

The new procedure, effective from January 17, requires that the police are only to ask a suspect “Do you want legal advice?”, and if yes, “Do you want a named solicitor?” The suspect is not to be asked whether they wish to pay for legal advice.

All requests for legal advice are then to be passed to the DSCC, which will either refer the case to CDS Direct or will contact the named solicitor.

If the named solicitor cannot be contacted, the call will be passed to the duty solicitor.

As of February 1, 2008, the CDS Direct service was expanded to provide telephone advice for less serious offences where a person requests a named solicitor.

This expansion is currently being piloted in the police areas of Greater Manchester, West Midlands and West Yorkshire, with national implementation due on April 21 2008.

The changes to PACE Code C which take account of this expansion took effect on February 1, 2008.