C7 Part V Questioning and Treatment of Persons by Police

Annotations:
Modifications etc. (not altering text)

C1C2C3C4C5C8C10C1158 Access to legal advice.

C6C91

A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.

C6C92

Subject to subsection (3) below, a request under subsection (1) above and the time at which it was made shall be recorded in the custody record.

C6C93

Such a request need not be recorded in the custody record of a person who makes it at a time while he is at a court after being charged with an offence.

C6C94

If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that delay is permitted by this section.

C6C95

In any case he must be permitted to consult a solicitor within 36 hours from the relevant time, as defined in section 41(2) above.

C6C96

Delay in compliance with a request is only permitted—

a

in the case of a person who is in police detention for F1an indictable offence ; and

b

if an officer of at least the rank of superintendent authorises it.

C6C97

An officer may give an authorisation under subsection (6) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

C6C98

F2Subject to sub-section (8A) below An officer may only authorise delay where he has reasonable grounds for believing that the exercise of the right conferred by subsection (1) above at the time when the person detained desires to exercise it—

a

will lead to interference with or harm to evidence connected with F3an indictable offence or interference with or physical injury to other persons; or

b

will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or

c

will hinder the recovery of any property obtained as a result of such an offence.

C9F48A

An officer may also authorise delay where he has reasonable grounds for believing that—

a

the person detained for F5the indictable offence has benefited from his criminal conduct, and

b

the recovery of the value of the property constituting the benefit will be hindered by the exercise of the right conferred by subsection (1) above.

C98B

For the purposes of subsection (8A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.

C6C99

If delay is authorised—

a

the detained person shall be told the reasons for it; and

b

the reason shall be noted on his custody record.

C6C910

The duties imposed by subsection (9) above shall be performed as soon as is practicable.

C6C911

There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.

F612

Nothing in this section applies to a person arrested or detained under the terrorism provisions F7or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.