ABSTRACT
This chapter focuses on the nature of the normative ‘model’ of the role of lawyers at the investigative stage of the criminal proceedings. It aims to compare the empirical findings from the Netherlands and England and Wales. The chapter describes the findings concerning the respective influence of procedural traditions, criminal justice policies and lawyers’ occupational cultures on the practical realisation of the role of lawyers at this stage. It presents insights intended to guide practical change. The traditional role of a criminal defence lawyer as a trial advocate is challenged by the contemporary developments in the European systems of criminal procedure. Due to the shifting focus of the criminal proceedings to the pre-trial or investigative stages, lawyers are increasingly expected to exercise ‘active defence’ from the earliest moments of the proceedings. The chapter also presents an overview of the key concepts discussed in this book.
