Suspects need more rights

RULES on how people are treated in police custody are under review because they are considered to be unfair.

The Conseil Constitutionnel ruled them unconstitutional and said greater guarantees are needed for “exercise of individual liberties”.

It gave the government until next summer to propose an overhaul.

The government, which was already planning changes as part of its penal reforms, has accepted that its proposals will have to go further than what was being considered before.

For example, at present a person being questioned can consult an avocat (lawyer) for just half an hour and the lawyer does not have access to any official files.

This amounts to a “courtesy visit”, according to avocats’ bodies. The Conseil Constitutionnel demands people be allowed really “effective help”, which the avocats say would consist of the person having a lawyer present throughout questioning, as in UK.

According to avocat Gerard Barron, from Boulogne-sur-Mer, this will be a “cultural revolution for both the police and the bar, because avocats receive no training as to how to help people during police
interviews”.

He added the reform is likely to also be a “knotty problem” because there are too few avocats to provide the service and the aide juridictionnelle (legal aid) budget is four times smaller than the UK’s and already insufficient for current needs.