Inside Police Custody 2 Whilst a member state will be able to apply a means test, the merits test must be deemed to be satisfied for suspects or accused persons who are detained, and a decision taken on eligibility at the latest before questioning by the police, other law enforcement authority, or by a judicial authority (Arts. 4 and 6). On the evidence of this research, transposition will require extensive modification of laws and procedures in some of the countries; in a number of countries in the study, the lack of an effective legal aid scheme is one of the reasons why, in practice, very few suspects have a lawyer at the investigative stage unless they pay privately. Lithuania has already started the process of preparing for transposition of the Directive on the right to legal aid, and in a provision that will come into force in January 2019, a lawyer will be mandatory for suspects under arrest, to be paid for by legal aid granted without a means test. However, in some of the countries that do, in principle, make legal aid available at the investigative stage, the system is not effective. This is due, in part, to low eligibility levels, low remuneration rates, and extensive delays before lawyers are paid. Two examples, which illustrate some of the problems, will suffice. In Slovenia, the police are required by the criminal procedure code to inform detained suspects that a lawyer will be appointed if: (a) they cannot afford a lawyer; and (b) it is in the interests of justice. There are, however, no criteria for applying these two eligibility conditions, and in practice a lawyer is rarely appointed under this procedure. As a result, this and previous research has demonstrated that if a suspect cannot afford to pay for a lawyer, they do not have a lawyer at the investigative stage. In Hungary, in mandatory defence cases, the investigating or prosecuting authority appoints a lawyer if the suspect has not done so, but they have to repay the costs if convicted. Personal cost exemption (legal aid) is available in other cases, and if granted, the suspect is exempted from paying the costs irrespective of the outcome of the case. However, the financial eligibility threshold is low (although homeless people, those living in temporary accommodation and refuges are deemed to be eligible), and in practice the scheme is rarely used. The evidence suggests, in many of the countries in the study, that fear of the costs implications deters many suspects from exercising their right to a lawyer, and that this fear is sometimes encouraged by the police. 4.2 Arrangements for providing legal assistance The Directive on the right of access to a lawyer places responsibility on Member states to make the necessary arrangements to ensure that suspects and accused persons who are deprived of their liberty are in a position to effectively exercise that right, unless they have waived it (Art. 4(4)). The Directive is not prescriptive about how this should be done, although Recital 28 states that such arrangements might include the provision of a list of available lawyers from which the suspect or accused person may choose. It does not, unfortunately, explicitly require the competent authorities to make contact with a lawyer, where a suspect or accused person wishes to exercise their right, although the wording of Article 4 implies, at the least, that the authorities should facilitate such contact. Whilst a list arrangement provides recognition of the significance of the principle that a person should be able to choose their lawyer, who they are more likely to trust, it embodies significant limitations, particularly if it is the principle, or only, method by which a lawyer may be appointed. Many suspects, particularly those who have not previously been arrested or detained, will have no informational basis on which to base their choice. Furthermore, as was found in a number of the countries in the study, if such a list includes lawyers without reference to their areas of practice, competence, or willingness to act, then this can result in delay and frustration, not only for suspects, but also for the police. In addition, a list – as contrasted with an effective duty lawyer scheme – 45