Prompt access to a lawyer Many experts consider prompt access to a lawyer as among the most critical aspects in the prevention of abuse in police detention. Almost all States offer access to lawyers as part of trial preparation, but such access does not always extend to the first hours of detention, nor does it regularly include moments of most risk, including the interrogation itself. States typically provide limited funding (“legal aid”) for persons who could not otherwise afford a lawyer to access legal services in the first hours of police detention. International standards on legal aid recognise that the assistance of national bar associations and civil society complement legal aid schemes and offer solutions where resources are not available. “ It is not possible or reasonable to imagine that justice can be done without independent and competent lawyers. States must therefore ensure that lawyers are in a position to practise their profession without obstacles [-], including by setting up institutionalized legal aid schemes free of charge for those lacking resources.” Ms. Monica Pinto, former Special Rapporteur on the independence of judges and lawyers, 2016. Access to a lawyer serves multiple complementary purposes for the detained person, including preparing for their defence and safeguarding the due process of law. Yet even if the lawyer is focussed wholly on preparing a legal defence, their mere presence during the first hours of detention also acts as an important deterrent against coercion and other abuse. England and Wales: legal reforms leading to professional police culture With the adoption of the Police and Criminal Evidence Act 1984, the UK began a reform process in England and Wales which led to meaningful changes in police culture and practice, prompted by a number of serious incidents and accusations of unfair convictions. Today, access to a lawyer is generally being achieved promptly and detained persons are offered access to legal advice from the moment of detention. All persons are notified of their right to legal assistance on arrest and, if requested, a custody officer ensures access to a lawyer either by phone or in person. Japan: duty attorney scheme Japan established a “Duty Attorney” system in collaboration with the national bar association. Any person arrested by police can request a lawyer and the police will contact the nearest local bar association. A lawyer is present and speaks with the arrested person in private before any police interview, to ensure the person is aware of their rights and is able to make contact with family. Sierra Leone: community paralegals improving access to justice With few qualified lawyers available and a growing number of people in pre-trial detention, Sierra Leone has recognised and encouraged the use of paralegals and adopted a legal aid law to support a variety of legal service providers. In cooperation with civil society, paralegals are trained in basic criminal law and criminal procedure and provided with the practical skills necessary to support suspects and to work with community members and justice sector officials. The use of community paralegals at the early stages of detention has increased the number of detainees released on police bail and helped minimise the risk of bribery and police abuse. Tunisia: important steps towards immediate access to a lawyer Tunisia undertook important reforms to its Code of Criminal Procedure in February 2016, strengthening multiple safeguards against abuse in police detention. Among other rights now provided in law, detainees have the right to a lawyer upon arrest and to have the lawyer present at interrogations. Unless the detainee waives this right in writing, he or she is not required to answer any questions or participate in any interrogation. TOOL: Safeguards in the first hours of police detention 4/11