Access to lawyer guaranteed under new proposal

(JB) Legal chiefs are in talks with ministers to create a new law ensuring that all suspects have access to a lawyer before they are interrogated.

Under the current law only suspects “caught in the act” are guaranteed access to a lawyer. But, there is no legal certainty for suspects caught in any other circumstances.

In order to correct the loophole, discussions have begun among ALAP members, a group representing judges, law-makers and legal professionals.

ALAP spokesman Philippe Penning said: “When it comes to a legal uncertainty, it leaves the law open to interpretation and there we have problems.”

Under proposals the law will be “tweaked” to include two new areas. The first would oblige police to inform suspects of their rights to a lawyer before an interrogation. This information should be communicated through a written document, which the suspect must sign.

The second proposed modification will limit the period of time a suspect can spend with their lawyer before an interrogation to 30 minutes (allowing an additional hour for lawyers to reach the suspect).

Under the existing law, suspects are not entirely without support. Police stations are already equipped with contact lists for lawyers who are available 24 hours a day, seven days a week.

If an eventual bill is approved, this principle will be written into the law along with some small print about legal aid.