Detainees need access to lawyers: inquiry

Written By Unknown on Rabu, 11 September 2013 | 13.00

THE first time a lawyer talks to clients facing a serious charge like murder should not be moments before their initial court appearance, a public hearing in Perth has heard.

WA Criminal Lawyers Association president Linda Black made the submission on Wednesday to a parliamentary committee, which is conducting an inquiry into custodial arrangements at police lock-ups.

She said it could be up to 10 hours after a person's arrest until they were able to see a lawyer.

"I don't understand why police have the right to suspend a person's opportunity to speak to a lawyer," she said.

Although police were more aware of making sure juveniles had an adult present and the Aboriginal Legal Service was involved for indigenous detainees, there was no such support for non-indigenous people, she said.

Those who did not speak English well and people with mental illnesses were especially disadvantaged, Ms Black said.

She shared one story of when she was forced to seek a judge's order so her client could receive his medication while in lock-up.

Ms Black said often it was not that police did not want to give detainees their medication, but there was a lack of communication.

Resources could be saved if a doctor was stationed 24/7 at the Perth watch house to assist detainees who required medication, WA Police Union president George Tilbury suggested.

Ms Black also said lawyers were often given the run around when they called police to speak to their clients after an arrest, while detectives tried to get a confession.

She said police knew their opportunity to get information was limited once a lawyer spoke to an accused person and courts did not exclude interviews recorded before an accused person spoke to a lawyer.

She recommended the act be amended or else those arrested "may as well not have the right".

Mr Tilbury also said there should be more officers in lock-ups.


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