Police emergency centres for children Systemic problems Access to a lawyer What still remains to be solved is the problem of police officers’ presence during meetings with a defence counsel and the lack of possibility for the lawyer or a legal counsel to initiate such meetings. It is especially important in terms of an effective realization of the right to defence, protection of legal professional privilege, the right to freedom and the protection of the confidentiality of communication. Every time an officer is present during a visit Article 49 of the Constitution of the Republic of Poland, which guarantees the right to freedom and protection of the confidentiality of communication, is violated. Furthermore, pursuant to legal regulations53 a defence counsel may contact a juvenile residing in the centre only at the juvenile’s request. However, a juvenile may not be even aware that he/she already has a defence counsel, or may think that he/she does not need that type of professional assistance. In some cases, a juvenile may yield in to the pressure exerted by officers who may attempt to discourage or force him/her not to use such legal aid. The legal situation of a child who has been deprived of liberty and is not represented by a defence counsel poses a number of risks. The child in detention may not realize what consequences can result from the statements he/she makes. Likewise, the child may be unaware of the consequences of procedures conducted with his/her involvement and the manner of evaluating evidence gathered in his/her case. Therefore, it is of such a paramount importance to also allow the defence counsel to request contact with a minor residing in the police emergency centre for children. Article 32 g (3) of the Act of 26 October 1982 on juvenile delinquency proceedings (consolidated text: Dz. U. of 2018, item 969) and the provision 8 (1)(9) of the Rules and Regulations. 53 36 PART III - situation in places of detention