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#14723 - Arrest - Criminal Litigation

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	Right to have someone informed	Access to Legal Advice
Legal Authority	s.56(1) PACE Can be delayed for up to 36 hours (s.56(3) PACE and COP C Annex B)	s.58(1) PACE Can be delayed for up to 36 hours (s.58(5) PACE and COP C 6)
Criteria	s.56(2) – delay is only permitted if the offence is indictable and an inspector authorises it The inspector must have reasonable grounds to believe that telling the named person will lead to one of the consequences in s.56(5)	s.58(6) – delay is only permitted if the offence is indictable and a superintendent authorises it The superintendent must have reasonable grounds to believe that telling the named person will lead to one of the consequences in s.58(6) Authority should be given if the authorising officer has reasonable grounds to believe that the solicitor will inadvertently or otherwise pass on a message from the detainee or will cause a consequence in s.58(8).
Apply to Facts
Exercise of Power	Delay should be proportionate and last no longer than 36 hours. The suspect should be informed of the delay and any authorisation must be in writing	Delay should be proportionate and last no longer than 36 hours. The suspect should be informed of the delay and any authorisation must be in writing (s.58(2)). Even if delay is authorised the detainee should be allowed access to another solicitor (COP C Annex B 3) and no officer should do or say anything with the intension of dissuading a suspect from obtaining legal advice (COP C 6.4)
Apply to Facts
Conclude	Lawful/Unlawful and WHY	Lawful/Unlawful and WHY

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#14723 - Arrest - Criminal Litigation

Right to have someone informed

Access to Legal Advice

Legal Authority

s.56(1) PACE

Can be delayed for up to 36 hours (s.56(3) PACE and COP C Annex B)

s.58(1) PACE

Can be delayed for up to 36 hours (s.58(5) PACE and COP C 6)

Criteria

s.56(2) – delay is only permitted if the offence is indictable and an inspector authorises it

The inspector must have reasonable grounds to believe that telling the named person will lead to one of the consequences in s.56(5)

s.58(6) – delay is only permitted if the offence is indictable and a superintendent authorises it

The superintendent must have reasonable grounds to believe that telling the named person will lead to one of the consequences in s.58(6)

Authority should be given if the authorising officer has reasonable grounds to believe that the solicitor will inadvertently or otherwise pass on a message from the detainee or will cause a consequence in s.58(8).

Apply to Facts

Exercise of Power

Delay should be proportionate and last no longer than 36 hours.

The suspect should be informed of the delay and any authorisation must be in writing

Delay should be proportionate and last no longer than 36 hours.

The suspect should be informed of the delay and any authorisation must be in writing (s.58(2)).

Even if delay is authorised the detainee should be allowed access to another solicitor (COP C Annex B 3) and no officer should do or say anything with the intension of dissuading a suspect from obtaining legal advice (COP C 6.4)

Apply to Facts

Conclude

Lawful/Unlawful and WHY

Lawful/Unlawful and WHY

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