New terror legislation could deny suspects’ legal rights, warns Law Society

Proposed new anti-terrorism laws could deny basic legal rights by allowing police to question suspects before they can access a solicitor, the Law Society has warned.

To ensure that criminal proceedings are fair, it is usual for those suspected of a crime to be given the opportunity to access confidential legal advice and be informed of their rights. But as the Independent reports, the Counter-Terrorism and Border Security Bill would enable police officers to question suspects before they receive legal advice “if they reasonably believe that postponing the questioning until then would be likely to prejudice determination of the relevant matters”.

Police would therefore be able to delay access to a lawyer if they believed that doing so would further the investigation, prevent other suspects from being tipped off, or prevent a risk to public safety.

After an hour of questioning, the suspect would be allowed to talk to a solicitor but would not need to be made aware of this by the police – the bill states that the suspect would have to proactively ask for a lawyer to be present.

Under an alternative proposal in the bill, detainees would only be allowed to consult a lawyer with a police officer sitting in on the conversation. Christina Blacklaws, president of the Law Society, said this would undermine lawyer-client confidentiality “which has long been affirmed as a fundamental human right”.

Speaking out in opposition to the legislation, Blacklaws argued: “The government needs to ensure everyone suspected of a crime is entitled to a solicitor and properly informed of their legal rights.”

A spokesperson for the Home Office responded to the Independent, saying: “The UK faces a sustained threat from hostile state activity and it is essential that police officers have the power to question individuals at UK ports and the border area to determine whether they pose a threat to our national security. The Schedule 3 Code of Practice will mirror that of Schedule 7, where an examining officer should, where feasible, permit an individual being examined but not detained, access to legal counsel if they request it.”