Full and in-depth structure and notes on a suspects rights at the police station. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on this topic. Contains extensive...
Right to legal advice
Under s58(1), a suspect who is arrested and held in custody is entitled to free and independent legal
advice.
Code C para 6.1 – The suspect must also be informed of this right and told they can request a solicitor
at any point and that the advice is free.
When a suspect makes a request to consult with a solicitor, they must be able to do so as soon as is
practical – s58(4)
The police will contact the DSCC and a duty solicitor can then attend the station.
When can the right to legal advice be delayed
There are certain circumstances in which the police can delay the exercise of this right.
The delay can only be authorised by at least the rank of superintendent.
The delay can only be authorised for an indictable offence – s58(6)
The delay can only be for a maximum of 36 hours from the ‘relevant time’ – s58(5)
The officer authorising the delay can do so only if they have reasonable grounds for believing
that the exercising of the right will:
(a) lead to interference with or harm to evidence connected with an indictable offence,
or interference with or physical injury to other persons;
(b) lead to the alerting of other persons suspected of having committed such an
offence but not yet arrested for it; or
(c) hinder the recovery of any property obtained as a result of such an offence (s
58(8)).
NOTE: There are additional situations in which an officer can interview a suspect without legal advice
being obtained before.
Extra details
If a solicitor attends the police station to see a particular suspect, that suspect must be informed of
the solicitor’s arrival at the police station (whether or not he is being interviewed at the time of the
solicitor’s arrival).
The suspect must be asked if he would like to see the solicitor, even if he has previously declined
legal advice (Code C, para 6.15).
Code C also states that at no time should a police officer do or say anything with the intention of
dissuading a person from obtaining legal advice (Code C, para 6.4).
para 6ZA of the Notes for Guidance to Code C states: No police officer shall indicate to a suspect,
except to answer a direct question, that the period of detention or period of the interview would be
reduced if the suspect did not ask for a solicitor or have a solicitor present, or if the suspect has
asked for legal advice or asked for a solicitor to be present when interviewed, but changes their mind
and agrees to be interviewed without waiting for a solicitor.
The right to inform someone of the arrest
Under s56(1), a suspect is allowed to inform a relative, friend or other person of their arrest and should
be allowed to do so as soon as reasonably practical when requested.
When can this right be delayed
There are certain circumstances in which the police may delay the exercise of this right.
The delay can only be authorised by at least the rank of an inspector
The delay can only be authorised for an indictable offence – s56(2)(a) and (b)
The delay can only be for a maximum of 36 hours from the ‘relevant time’ – s56(3).
The officer who authorises the delay can only delay if there are reasonable grounds for believing
that telling an individual of the arrest will:
(a) lead to interference with or harm to evidence connected with an indictable offence, or
interference with or physical injury to other persons;
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