Rights of Accused Persons

Gisborne Herald, Volume LXVI, Issue 19999, 26 July 1939, Page 14

Rights of Accused Persons

Sir, —Certain discussion has taken! place recently as to whether accused j persons • awaiting trial should, or! should not, be informed ot their legal rights. What are the rights of per-! sons taken into custody? How many of us know? If suddenly arrested our-j selves, should we know whether we, wmv obliged to make a statement to < the police, whether we have a ’Tight'' j la a solicitor, whether and how we can get into touch with our friends, and .so on? Is there any duty laid upon the police, who have us completely in their power and are going to bring a case against us, lo inform us concerning those matters? ! We cannot learn that there is any such duty nor that there is any practice of helping prisoners in such circumstances, especially it we do not know enough to ask for help. Further, even if we wish to engage a solicitor and have no money, does one have to appear without one? No one with an appreciation of the .situation and money would, of course, dream of appearing without legal assistance. There are very few, even among our members, who know that a regulation gazetted on March 31, 1 requires justices to hear applications for legal aid, and to grant a certificate, should it. appear “desirable." notwithstanding the .fact that lhe prisoner cannot pay. How many even of our justices know this, and how often do they act upon it? This same question has recently been raised in England, where justices apparently keep on refusing legal aid lo poor persons and the current "Howard Journal" suggests that "some device to ensure that the arrested person knows Ins rights should be adopted." The device advocated is simply a printed card placed in every police-cell. A re- i quest for .such a plan was made by ’

us years ago. only to be refused bv the police authorities. We make this request again and we ask what objection can be raised:’ Is there any ) reason why their legal rights should I not be made clear to British | citizens'.' Then about bail —Does a prisoner know his rights? Do you? Is there one law for the rich and one for the poor? N.Z. HOWARD LEAGUE FOR PENAL REFORM.