As presented in a previous post, efforts to secure the right to access a lawyer during police detention are sweeping across Europe. Now it seems it is Malta’s turn.

The issue of early access to counsel for criminal suspects has gained enormous momentum across Europe in 2011. To keep you abreast of these exciting developments, the Justice Initiative is presenting short “country snapshots”, showing how European countries are changing their systems and giving people who are suspected or accused with crimes the right to speak to a lawyer from the outset of police custody, both before and during the first questioning by police. 

Something strange is happening in Europe. After years of inaction, governments are suddenly getting serious about arrest rights. Across the continent, many countries are grappling with how to reform rules on the treatment of suspects in police custody to ensure arrested people access to a lawyer before being questioned.

The French parliament voted in January 2011 to allow a defence lawyer to be present during questioning by police and for suspects to be granted the right to silence.