Criminal law solicitors should act quickly to obtain custody suite video footage where they fear police have not properly informed their clients of their right to see a lawyer, practitioners were told this week.


The advice came as it emerged that solicitors representing complainants in actions against the police have withdrawn their participation in the Independent Police Complaints Commission's (IPCC) Advisory Board in a vote of no confidence.



Since January, all requests by clients for publicly funded legal advice in the police station have been routed through the Defence Solicitor Call Centre.



This has led to widespread concern that detainees are not being properly informed by custody officers about their right to see their own solicitor or a duty solicitor - despite an agreement between lawyers and police on the form of wording to be used.



Ian Kelcey, chairman of the Law Society's criminal law committee, said solicitors who fear their clients may have been wrongly advised should obtain custody suite video footage to check the matter.



He told the Gazette: 'In instances where clients are complaining that they unwittingly went into interview without representation because of the confusion caused, practitioners should call for the custody tape to be provided to the defence, or at least [its] existence be preserved.' He added that this must be done promptly as police forces only kept the tapes for a month before they are overwritten.



Mr Kelcey added that where a detainee has been misled into being interviewed without a solicitor present, there is potential for a legal challenge which could lead to the interview being excluded from evidence. The Association of Chief Police Officers did not provide a comment.



Meanwhile, solicitors on the IPCC's Advisory Board have withdrawn their participation, in protest at the IPCC's 'poor performance' since its inception in April 2004.



The Police Lawyers Action Group claims the IPCC suffers from a lack of impartiality and devolves too much work to inexperienced and poorly trained junior staff.



IPCC chairman Nick Hardwick said he did not accept the criticism of the IPCC's caseworkers and investigators.



Catherine Baksi