Digital legal rights: Exploring detainees' understanding of the right to a lawyer and potential barriers to accessing legal advice

Kemp, Vicky

Abstract

This study involved using an App to explore with detainees their understanding of the right to a lawyer and to identify what factors influence the take-up of legal advice. Also examined in this paper, from the users’ perspective, are potential barriers to accessing legal advice. While PACE safeguards provide detainees with early access to confidential legal advice, some of these legal requirements are simply ignored. It is recommended that a review of PACE should be undertaken and that this takes into account how technology could be used to help address some of the issues arising.

Citation

Kemp, V. (2020). Digital legal rights: Exploring detainees' understanding of the right to a lawyer and potential barriers to accessing legal advice. Criminal Law Review, 2020(2), 129-147

• Journal Article Type: Article
• Acceptance Date: Feb 3, 2020
• Online Publication Date: Feb 6, 2020
• Publication Date: Feb 6, 2020
• Deposit Date: Oct 7, 2021
• Publicly Available Date: Oct 12, 2021
• Journal: Criminal Law Review
• Print ISSN: 0011-135X
• Electronic ISSN: 0011-135X
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 2020
• Issue: 2
• Pages: 129-147
• Series ISSN: 0011-135X
• Keywords: Access to legal advice, Delay, Digital technology, Police detention
• Public URL: https://nottingham-repository.worktribe.com/output/3910873
• Publisher URL: https://uk.westlaw.com/Document/IC89186E0334211EA8B87AA7947A70345/View/FullText.html
• Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in Criminal Law Review following peer review. The definitive published version Crim. L.R. 2020, 2, 129-147 is available online on Westlaw UK.