Inside Police Custody 2
Direct observations
In order to observe criminal justice practitioners as they go about their daily routine work, researchers were
to be located in a number of police stations, and also accompany a sample of lawyers advising clients
at police stations. The purpose was to understand the implementation of suspects’ rights from multiple
perspectives and to gain a deeper insight into practical influences and constraints upon working practices.
Researchers were asked to keep a narrative log of their observations.
Interviews
It was planned to conduct semi-structured interviews with a number of police officers and lawyers. In order
to enable researchers to secure relevant information and to ask appropriate questions, the interviews
were planned to take place after the observation stage of the research was completed. This meant that
researchers would be able to probe answers that did not reflect their observations, and gain insights into
the motivations that influenced practice. Research teams were provided with interview pro-formas that
could be adapted to local circumstances.
Analysis of case pro-formas
Case pro-formas (one for cases observed by researchers when based in police stations, and another for
researchers when based with lawyers) were adapted from the first Inside Police Custody study with a view
to enabling researchers to secure some quantitative data: for example, about the proportion of suspects
who sought to exercise their right of access to a lawyer, socio-demographic characteristics of suspects,
the time taken for lawyer/client consultations, and the proportion of suspects who exercised their right
to silence.
It was anticipated that national research teams would have to adapt the methodology, and the research
instruments, to take account of local circumstances. However, some national research teams had
to radically revise their research methodology as a result of lack of co-operation, at a political and
administrative (that is, relevant government ministries) level, and on the part of the police. Despite the
fact that observational research in police stations has been conducted in previous projects in a range of
countries with the co-operation of the relevant authorities, that the research was funded by the European
Commission, and that assurances were provided regarding the confidentiality of research data (so that
no person or location could be identified from any published data, and that research data would be stored
securely), agreement for researchers to be based in police stations and/or to accompany lawyers to police
stations, was not forthcoming in a number of countries in the study. Whilst access to police stations by
researchers was secured in Austria, Lithuania, Romania and Slovenia, it was not forthcoming in Bulgaria,
Italy, Hungary or Poland. In Spain, agreement could not be obtained at the national level, but the national
research team was able to secure permission to conduct observational research in police stations in the
Basque region.3 Italy may be regarded as a special case. Whilst permission to observe in police stations
was not secured, generally suspects are not interviewed by the police following arrest, but appear at
an arrest validation hearing where, depending on the procedure adopted, they may be questioned by a
judge. Nevertheless, many provisions of the EU Directives apply where a person is arrested and detained,
and observations conducted at police stations would have enabled data to have been obtained about
implementation of these aspects of the Directives.
In those countries in which observational research could not be carried out, other methods of seeking data
about how procedural rights at the investigative stage work in practice were developed and adopted. Such
It should be noted that whilst references are made to Spain throughout the report, the research was conducted only
in the Basque region, and whilst some laws referred to are applicable nationally, regulations and practices reported by
the researchers may not be valid throughout Spain.
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