in Police custody are given free advice by an attorney before they appear in court to be charged with an offence.

The Commission of Inquiry into serious crimes on the Island heard yesterday how current flaws in the legal aid system meant that suspects unable to afford to hire a lawyer were often unable to get help when they most needed it.

The present legal aid system does not come into effect until charges have been brought and there is no duty solicitor in place at Hamilton Police station to ensure that the rights of people arrested are adhered to.

It is only when people are taken to Magistrates Court for the first time to be formally charged with an offence that they are automatically given the opportunity to speak to a lawyer for free advice.

Peter Miller, senior counsellor of the legal aid system, admitted at the hearing yesterday that improvements needed to be made and said he was hopeful that a number of proposals already drawn up would soon be passed as amendments to the legislation.

Among the proposals is the provision of a duty solicitor to act on behalf of people held in Police custody.

He said it had had some opposition from people who feared it would prevent people from obtaining the lawyer of their choice.

However, he said he was confident the differences of opinion could be ironed out to ensure advice is always on hand, right from the early stages of Police inquiries.

Mr. Miller said: "Currently the act provides for legal aid to be provided upon the suspects being charged.

"He (the suspect) is certainly not entitled to it as a right before he is charged.'' He said quite often people in custody requiring legal aid had to rely on a defence barrister to volunteer his or her services and offer advice free of charge.

However, access to advice depended on availability and the goodwill of the defence attorney, which was not the most suitable way of handling matters.

Mr. Miller said it would be better all round if somebody was in place at all times solely to act on the suspects' behalf.

He said at the moment, people appearing in Magistrates Court for the first time were entitled to advice from an attorney, but, at that stage, it may be too late as charges were already imminent and statements taken without advice.

Had they received the guidance earlier, they may not have been charged with an offence in the first place.

Chairman of the inquiry Justice Stanley Moore said a number of allegations had been made by defence barristers that Police tried to obstruct a suspect's access to legal representation.

And Mr. Moore said if a duty solicitor were on hand to offer guidance to both Police and the suspect, it may result in prosecutors and investigating officers facing fewer challenges over how confession statements were obtained.