Rights Of Accused Persons

Dominion, Volume 32, Issue 257, 28 July 1939, Page 11

Rights Of Accused Persons

Sir,—Certain discussion has taken place recently as to whether accused persons awaiting trial should, or should not, be informed of their legal rights. What are the rights of persons taken into custody? How many of us know? If suddenly arrested ourselves, should we know whether we were obliged to make a statement to the police, whether we have a “right” to a solicitor, whether and how we can get into touch with our friends, and so on? Is there any duty laid upon the police to inform us concerning these matters? We cannot learn that there is any such duty nor that there is any practice of helping, prisoners in such circumstances, specially if we do not know enough to ask for help. Further, even if we wish to engage a solicitor and have no money, does one have to appear without one? No one with an appreciation of the situation and money would, of course, dream of appearing without legal assistance. There are very few, even among our own members who know that a regulation gazetted on March 31, 1933, requires justices to hear applications for legal aid, and, to grant a certificate should it appear “desirable,” notwithstanding the fact that the prisoner cannot pay. How manv even of our justices know this, and how often do they act upon it? This same question has recently been raised in England, where justices apparently keep on refusing legal aid to poor persons, and the current “Howard Journal’’ suggests that “some device to ensure that the arrested person knows his rights should be adopted.’’ The device advocated is simply a printed card placed In every police-cell. A request for such a plan was made by us years ago, only to be refused by the police authorities. We make this request again,, and we ask what objection can be raised? Is there any reason why their legal rights should not be made clear to British citizens? —We are, etc., N Z HOWARD LEAGUE .FOR PENAL REFORM. July 2SL