Key takeaways Access to a lawyer for all suspects and accused persons in police custody is a matter of urgency For the right of access to a lawyer to become effective there is a need for rapid appointment systems of legal aid lawyers Very few countries in Europe have a system of mandatory legal representation in police custody for all suspects and accused persons. Making the right to access to a lawyer a reality in countries across the European Union is urgent given the mounting evidence of police custody violence and breaches of procedural rights in the initial stages of the criminal proceedings.75 Electronic systems for rapid appointment of a legal aid lawyers make the right of access to a lawyer effective in practice. Setting them up requires a long-term collaborative effort between various stakeholders at the national level. The commitment of Bar Associations and Police is crucial in terms of being drivers for change and raising awareness on the advantages of effective appointment systems for all stakeholders. The right of access to a lawyer can only become part of a legal culture if there is political and legislative will (case of Spain) as well as a change in police culture (Belgium). Both strategic litigation and advocacy are needed in order to change legal and political cultures. But the use of these tools implies cooperation between various stakeholders rather than working in silos. Bar Associations are primary actors of change- they should be the main stakeholders advocating for the importance of the right to access to a lawyer in police custody (including within the judicial system, before judges). Strategic litigation can be initiated by both lawyers and human rights NGOs’, followed by communication and awareness raising campaigns in partnership with the media. The cooperation between Bar associations and police officers could also beneficial. This could take the form of joint trainings for police officers in order to convince them the benefits of having a lawyer present during interviews (including by analysing failed prosecutions). Before setting up a mandatory legal aid system, countries could first implement duty lawyer schemes in police custody pilot projects (case of Belgium). Collaboration and trust always bring positive change and can overcome obstacles, including those of a cultural nature. In order to create the proper ground and overcome challenges the following solutions have to be considered: education of the general public on the importance of having a lawyer in police station, cost efficacy analysis/evidence-based research on the costs of setting up such system, evidence-based research on waiver rates and concrete impacts on suspects and accused persons and society in general, good practice exchange with other member states and even the creation of a EU appointment platform. A sufficient number of legal aid lawyers is also required as well as effective trainings and an engaged community for legal aid lawyers-such as the one offered by the SUPRALAT training programme. In order for the right to access to a lawyer be effective, legal aid lawyers need specific training and quality oversight. 75. Fair Trials, Equality Data in Criminal Justice, 2022, available at https://www.fairtrials.org/articles/publications/ equality-data-in-criminal-justice/. 22 23