PACE1984 Custody and Coercion - waiving legal representation in police custody - Supplemental Material

Four decades after the introduction of The Police and Criminal Evidence Act 1984 (PACE 1984), the guidance concerning detention, custodial rights, investigations and suspect interviews remains non-binding despite the exercise of these powers impacting human rights.This research found identifying vulnerability and implementing safeguarding measures varies significantly across the 43 police forces and uncovers startling concerns regarding complaints. When legal advice is refused and no appropriate adult is present to ensure powers are being exercised correctly, this becomes problematic and brings consequences. This article evaluates the legal realities of first-time detainees, 18-25-year-olds, and those in society with intellectual, educational, or cognitive shortcomings who fall outside the current vulnerability safeguarding measures and waive their right to legal representation. It considers PACE 1984 sections 58, 66, 67 and PACE Code paragraph 6, how consent is impacted for these individuals when waiving legal advice rights, and contends reform is needed.