Legal response to protection of right to communicate & appropriate adults during process of arrest or detention

Abstract

The present paper is undertaken to assess the progress that has been made regarding protection of basic legal rights during arrest or detention in English Law (England and Wales) & the European convention on human rights. In so doing, it will, inter alia, deal in some depth with the right of a suspect to inform someone of his or her arrest or detention, and the right of a suspect who is a vulnerable or chilled to be accompanied by an appropriate adult during facing criminal proceedings. The paper evaluates the existing law and practice with regard to these two identified rights during arrest or detention in England & Wales and then evaluating these rights from the standpoint of European convention on human rights. The materials used in this study were relevant statutes such as legal articles, journals, international reports, case law, regulations, seminar papers, and electronic resources. The result showed that for the fulfillment of obligations under European convention of Human Rights, such protection for these two identified rights is recognized & guaranteed under criminal justice system in England & Wales. Such recognition is often followed by specific provisions of laws or judicial decisions and level of proceedings is inviolable.