header-logo header-logo

Threat to client confidentiality

19 September 2018
Issue: 7809 / Categories: Legal News
printer mail-detail

The historic legal right to lawyer-client confidentiality could be put in jeopardy if proposed anti-terror laws go ahead, solicitors have warned.

The Counter-Terrorism and Border Security Bill, has already passed through the House of Commons and is due to have its second reading in the House of Lords in October. It gives border guards powers to stop and detain travellers for questioning without suspicion they have committed an offence.

However, the Law Society has pointed out several shortcomings—there is no right to consult a solicitor if a person is examined and questioned for under an hour; and access to a solicitor is only given on request. Moreover, the Society says, the bill ‘compromises the right to a solicitor of a detained person by requiring an officer to be present during the consultation with the solicitor’. And in certain circumstances, access to a solicitor can be further delayed where this is authorised by a police officer of at least the rank of superintendent.

‘Everyone under suspicion of a crime should be able to access confidential legal advice, particularly when facing serious charges,’ said Law Society president Christina Blacklaws.

‘Even when a solicitor is present, the bill currently only allows the suspect to consult them when an officer is listening in. The confidential nature of communication between a lawyer and their client has long been affirmed as a fundamental human right.’

A Home Office spokesperson said: ‘The UK faces a sustained threat from hostile state activity and it is essential that police officers have the power to question individuals at UK ports and the border area to determine whether they pose a threat to our national security.’

Issue: 7809 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll