The right to counsel

Having access to a lawyer is integral to the right to a fair trial. It helps to prevent unlawful arrests, police brutality and miscarriages of justice. Fair Trials campaigns for arrested people to have access to legal counsel as soon as possible after they are arrested and before they are questioned by the police.

Why police station access to counsel is important

The right to have access to a lawyer, also known as the right to counsel, is fundamental to defending yourself if you are accused of a crime.

The decisions made at the very start of an investigation have a huge impact on its outcome so it’s important that people have access to a lawyer as early as possible and before they are interrogated by the police.

Lawyers can:

• help people understand their rights – in particular, the right to remain silent;
• gather information that may help them secure their release;
• assess if someone is fit for interrogation and request medical help is needed;
• and explain what is likely to happen during the process and why.

Police coercion and abuse

Police stations are coercive environments. People who are held in police custody are extremely vulnerable. They are isolated, and may have no contact with their friends, families or employers for days.

Police violence during arrest and following custody is a problem around the world. Many police forces still use coercive or deceptive interrogation techniques aimed at obtaining confessions, despite evidence that these techniques lead to false confessions and miscarriages of justice.

Lawyers can prevent, detect and challenge abuses by the police.

Access to a lawyer as a safeguard

Access to a lawyer is not only an individual right. It is an important safeguard against the misuse of state power and can improve the fairness of the criminal justice system as a whole.

People are particularly vulnerable immediately after arrest. The decisions made during police custody can affect whether they are detained, prosecuted or convicted. Lawyers can help ensure that people understand their rights, that vulnerabilities are identified and that police respect the law.

For access to a lawyer to be effective, lawyers must be involved from the earliest stages and be able to play an active role before and during police questioning. They can:

• challenge unlawful arrests and abusive treatment;
• help prevent coercion, false confessions and miscarriages of justice;
• identify medical needs and other vulnerabilities;
• support alternatives to unnecessary detention or prosecution;
• record and challenge patterns of police misconduct;
• help ensure that evidence is obtained lawfully and fairly; and
• prepare the case properly from the beginning.

Watch our short video to learn why early access to a lawyer is essential to protecting people’s rights from the moment they are arrested.

Watch our short video to learn why access to legal aid is key to ensuring access to justice.