Abstract

The importance of the right to legal assistance for suspects detained for police questioning, as part of the right to a fair trial, has been emphasised within the jurisprudence of the European Court of Human Rights and the Procedural Rights Roadmap Directives of the European Union. This article examines an overlooked aspect of the protection of that right: the selection of a lawyer in the police station. The selection process is unregulated in jurisdictions across Europe. Using Ireland as a case study, and drawing on interviews with 44 criminal defence solicitors, this article highlights concerns around the influence of police on the selection decision, the favouring of certain (types of) solicitors, and the impact on the quality of legal assistance, particularly for persons with additional vulnerabilities. The authors argue that the lack of a formal, transparent system for selection of lawyers undermines the effectiveness of the right to legal assistance.