PART IIS Police Functions

Arrest: access to solicitorS

Valid from 01/11/2002

[F117A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrestS

(1)An accused arrested on a charge of committing a sexual offence to which section 288C of this Act applies by virtue of subsection (2) of that section shall be entitled to be told, immediately upon his arrest—

(a)that, if he is tried for the offence charged, his defence may be conducted only by a lawyer;

(b)that it is, therefore, in his interests to get the professional assistance of a solicitor; and

(c)that if he does not engage a solicitor for the purposes of his defence at the trial, the court will do so.

(2)A failure to comply with subsection (1) above does not affect the validity or lawfulness of the arrest of the accused or any other element of any consequent proceedings against him.]

Textual Amendments