‘Let's get it over with’: early findings on the factors affecting detainees’ access to custodial legal advice

This paper explores why detainees in police custody decline free and independent legal advice whilst they are in police custody. To do this, I draw on three kinds of data (participant observation, interviews and custody records) collected in a predominantly privatised police custody area in the South-East of England. Detainees’ decisions to decline legal advice were shaped by their perceptions of it (e.g., how long they would have to wait to consult with a solicitor). These perceptions were in turn affected by the practices of solicitors (e.g., only attending the police station immediately prior to detainees’ interviews) and the practices of police and private security staff (e.g., their use of informal conversations and negative stereotypes about solicitors). To conclude, I examine the implications of the research for detainees’ access to justice, inter-professional relationships and the privatisation of the police custody process.