Police interviewing and legal representation: A field study

Abstract

This paper outlines the findings of an analysis of 161 audio-taped police interviews with suspects detained at two London police stations. In particular it examines the extent to which suspects exercise their right to silence, the role of the solicitor within the interview and whether or not a confession was made. A legal adviser was present in 56% of the cases, the highest recorded figure to date. Qualified solicitors accounted for 24% of this figure with legal representatives making up the remaining 32%. Whilst the majority of suspects chose to answer all police questions highly significant relationships were found between the presence of a legal adviser and (1) a suspect's decision to exercise the right to silence and (2) a suspect's decision not to confess. A confession or admission was made in 58% of the cases. The finding that the number of confessions made in interview has remained relatively stable over the last decade (despite an increase in legal advice and a decrease in manipulative police tactics) is discussed. This study encountered considerable difficulty in determining the actual status of the legal adviser.