I was surprised by the suggestion in Ed Cape's article that 'about half' of detainees at police stations ask for legal advice (see [2007] Gazette, 22 November, 18-19). I would like to know if there are figures to support that. If he is right, then I have been badly missing out, and this will be much worse once we are paid fixed fees. I would suggest the figure is far below that. In my geographical area I would suggest the figure is more like 20%. My perception is that it has fallen to an all-time low in my 16-year experience and I would be interested to know what others perceive. Earlier this year, I did ask whether Lincolnshire police monitor the figure and it was apparent they do not. A senior officer did subsequently produce some figures which were so shockingly low that I feel they cannot be reliable.


Given that the Legal Services Commission will not want to do it, my question is whether the Law Society should support solicitors by spending a decent sum of money running a marketing campaign to remind the public of their right and encourage them to use it. It is a risky system when the main person who tells the detainee of their right is the custody sergeant, and it is very dangerous if no-one is monitoring the percentage of those who exercise that right. Who is to know if one sergeant/police station/police force has significantly different percentages to another and whether the figure is falling locally or nationally?



Chris Pye-Smith, Pye-Smith Arthur & Cobb, Grantham