The European Court's decision that the Working Time Directive applies in the UK has the potential to disrupt police station work for solicitors and their representatives.It stipulates that non-exempt workers should be entitled to 11 hours rest in a day and a break after six continuous hours of work.

Some duty schemes require solicitors to be on call for 24 continuous hours.

Few take the day off after being on night duty, which is, typically, 15 hours.Exhausted solicitors often find themselves in a prison, courtroom or police station the morning after a busy night on duty with raw eyes and a pounding head.

Even if the solicitor is not required to advise in person at the police station, a night broken by frequent telephone calls is no preparation for a hard day's work.Professor Stanley Coren, a neuro-psychologist at the University of British Columbia writes: 'There have been a number of studies that have looked at "on-call" sleeping.

The slow-wave deep sleep, believed to be the most restorative component, was much shorter and sometimes not even present.

The average heart rate of the on-call sleepers was higher.

Overall, their sleep was very fitful, with many brief awakenings.'Professor Coren links sleep deprivation to anxiety, depression, insomnia, increased risk of accident and suicide.

He suggests that running a sleep debt affects physical performance and speed of response, mental processes, memory and motivation.

The effects of sleep loss are cumulative.

A solicitor on seven police station schemes is likely to work one night or weekend shift each week.The profession needs to consider structuring police station work so that night workers -- duty solicitors and their representatives -- are able to sleep in the day.

Otherwise, firms could be sued for damages for unreasonable failure to provide a safe system of work.In 1994, a social worker, John Walker, made legal history when the High Court ruled that his employer was responsible for two nervous breakdowns for exposing him to 'impossible workloads'.

Northumberland council settled out of court paying £175,000 compensation.

In April 1995, Camden & Islington Health Authority paid £5000 to settle a claim by Dr Chris Johnstone, a junior doctor, who argued that the authority had required him to work intolerable hours with so little sleep that he su ffered from stress and depression.

The Financial Times reported on 30 March 1996 that a Japanese company, Dentsu, had been held responsible for a worker's suicide, following months of over-work.The European Commission has compiled a range of medical evidence suggesting that there is a link between the time people spend at work and the risk of injury and ill-health.There are signs of change.

Days or hours off to compensate for night duty seem to be more common since Mr Walker's case.

The City of London 24-hour scheme does not allow rota duty solicitors to use representatives at night.

They must attend the police station themselves when required.

This restriction is being challenged by way of judicial review.

Many solicitors wish to minimise the number of visits they make to police stations in the middle of the night.

Right now the debate is focused on Europe.

But solicitors ignore the judgments of our domestic courts at their peril.