Delaying access to legal advice at the police station (PACE s.58)
Kemi is arrested on suspicion of burglary of a warehouse and taken to a police station, where she asks to speak to a solicitor. The police believe two accomplices have not yet been arrested. An inspector authorises a delay in Kemi's access to a solicitor, on the ground that a solicitor's call might alert the accomplices.
Which of the following best describes whether the delay is lawful?
Choose one answer to see the reasoning.
Worked answer
Correct answer D: It is unlawful, because only a superintendent or above may authorise delay, and only for an indictable offence on the grounds in s.58(8) PACE.
THE RULE TO REMEMBER
Access to a solicitor may be delayed only for an indictable offence, on superintendent authority, on the s.58(8) grounds, and for no more than 36 hours.
Delaying access to legal advice at the police station (PACE s.58)
Section 58 PACE 1984 gives a person arrested and held in custody the right, on request, to consult a solicitor privately at any time. Delay is permitted only where the person is in police detention for an indictable offence and an officer of at least the rank of superintendent authorises it (s.58(6)), on reasonable grounds such as a belief that exercising the right will lead to the alerting of other suspects not yet arrested (s.58(8)(b)). Access must in any case be allowed within 36 hours of the relevant time (s.58(5)). Burglary is indictable and the ground relied on is a permitted one, but an inspector is below the required rank, so the authorisation is invalid.
Why A is wrong: An inspector is below the rank of superintendent.
Why B is wrong: The s.58 right applies from when a person is arrested and held in custody, not just after charge.
Why C is wrong: S.58(6) and (8) allow delay in limited circumstances.
Why E is wrong: The maximum delay under s.58(5) is 36 hours from the relevant time; 96 hours is the outer limit of detention without charge, which is a different rule.
That's today's practice done. Another featured question tomorrow.
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