Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what discussions she has had with the (a) Law Society and (b) Solicitors Regulation Authority on the consequences of legal advice that may contribute to the suppression of evidence during police interviews.

The legal profession in England and Wales operates independently of government. This framework is set out in the Legal Services Act 2007. Regulation of the sector is carried out by the approved regulators, overseen by the Legal Services Board. The Solicitors Regulation Authority (SRA) is responsible for regulating the professional conduct of solicitors and law firms, while the Law Society represents solicitors in England and Wales.

An independent legal services sector is a key pillar of the rule of law, and it is therefore important to maintain this regulatory independence. Accordingly, it would not be appropriate for ministers or their officials to seek to influence how solicitors are regulated.

Solicitors advising clients during interviews are bound by professional duties, as set out in the SRA’s Code of Conduct. Where necessary, the SRA has a duty to investigate allegations of professional misconduct by solicitors. It has a range of disciplinary powers available at its disposal, including the ability to impose fines and refer matters to the Solicitors Disciplinary Tribunal, which can suspend or strike a solicitor off the roll. Complaints about a solicitor’s conduct can be made directly to the SRA at: https://www.sra.org.uk/consumers/problems/report-solicitor/.

The Ministry of Justice will continue to engage with legal regulators to ensure that consumers are protected and public confidence in the justice system is maintained.