PACE under review: no excuse for failing to maintain the dignity of those held in custody
Matthew quoted on the Act itself, the developments in digital evidence, how minors are effected and the duty solicitor scheme:
To a great extent PACE has worked well. It has stood the test of time. It is hard to follow why a succession of home secretaries have seen fit to make calls for an overhaul.
If a smartphone is searched, the big difference is that people don't necessarily know what's on their phone, and whether what they deleted has been deleted. They're not aware what is lurking in the cloud or what spyware there might be. The scope of search for a smartphone is different than for a flat or estate. Probably a structure is needed to be put on that.
There has been an impression for some time now in the criminal justice system that children need different treatment. As soon as you put them into police custody they will perceive themselves in a particular way.
The average age of a duty solicitor is 47. There is a vast gap that will open as they end their career, and there is no quick way to fill the gap between the young now and the duty solicitors looking to retirement. There is no succession plan."
For further information on the issues raised in this news post, please contact a member of our criminal litigation team.
Matthew is a senior associate in the Criminal Litigation department. His experience encompasses cases involving general and white collar crime. Matthew has significant experience of advising clients during interviews under caution both following an arrest and during a voluntary attendance. Matthew’s experience includes advising high profile individuals and advising in matters which attract significant media interest. His experience enables him to provide his clients with early advice which they can rely upon throughout the life of their case. His approach to cases means he is able to quickly grasp the details of the prosecution case and to advise accordingly.
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