This point was raised again in R/Alladice (1988), where a lawyer was wrongly denied access (clear violation of PACE Article 58 and Code C); The interrogation was also conducted properly, and the lawyer would probably have reminded D of his right to remain silent, but D, who used to be questioned by the police, already knew this (in fact, he sometimes exercised it during the interview), so that the presence of the lawyers would have made no difference and there was no unfairness in the proceedings. The same situation was observed in R/Dunford (1990), where the undue refusal to seek legal advice was offset by knowledge of one`s rights and ability to fend for oneself. 1.13 A The role of the appropriate adult is to protect the rights, prerogatives and well-being of young people and vulnerable persons (see paragraphs 1.10 and 1.11, to which the provisions of this Code of Conduct and others apply). For this reason, it is expected, inter alia, that the appropriate adult: 7.3 Consular officers may, with the consent of the detainee, visit one of his nationals in police custody to interview him and, if necessary, to obtain legal advice. These visits take place without the hearing of a police officer. In recent weeks, however, the Law Society has increasingly realized that police are exploiting a loophole by questioning suspects at home, knowing that the rights described above only apply to those questioned at a police station. 9.9 If the detainee appears or is informed that a person under arrest in a ward suffers from a contagious disease or condition, the detention officer shall take reasonable steps to protect the health of the detainee and other persons in the quarter. To decide what action to take, it is necessary to seek the advice of an appropriate health professional. See note 9D. It is at the custodian`s discretion to isolate the person and their property until clinical instructions are in place. 7.1 A prisoner who is a citizen of an independent Commonwealth country or a national of a foreign country, including the Republic of Ireland, shall have the right to communicate with the relevant High Commission, Embassy or Consulate at any time upon request. The prisoner should be informed of this right as soon as possible and asked whether he or she wished his or her High Commission, embassy or consulate to be informed of his whereabouts and the reasons for his detention.

Such a request should be met as soon as possible. See note 7A.6C The only role of the lawyer in the police station is to protect and promote the legal rights of his client. In some cases, this may require the lawyer to provide advice that causes the client to avoid the statement, strengthening the case of the prosecution. The lawyer may intervene to obtain clarification, dispute a question that is inadmissible to his client or the manner in which it is asked, recommend to his client not to answer certain questions, or if he wishes to give his client other legal advice. Article 6.9 applies only if the conduct of counsel unreasonably prevents or prevents the appropriate questions put to the suspect or the recording of his answer. Examples of unacceptable behaviour include answering questions on behalf of a suspect or providing written answers that the suspect can quote. It is useful to know your rights if you are about to be questioned by the police. You should also ask for a lawyer at home. For free legal advice, the police must call the Defence Lawyers Call Centre (DSCC). The call centre will contact the attorney or counsel requested by the inmate, if necessary.

2.6 When a detainee leaves police custody or is brought to trial, he, his legal representative or an appropriate adult shall, upon request, receive a copy of the detention report as soon as possible. This right exists 12 months after release. If, after seeking legal advice, they change their mind or (as the case may be) want a lawyer to be present at the interview and agree to be interviewed without waiting for a lawyer. 6.3 No police officer should at any time do or say anything to deter any person entitled to legal advice under this Code from seeking legal advice. See note 6ZA. (xi) their right to have access to evidence in the case of prosecution, in accordance with the Criminal Procedure and Inquiries Act 1996, the Attorney General`s Disclosure Guidelines and the common law and Rules of Criminal Procedure; and 6A In considering the applicability of paragraph 6.7(b), the officer should, to the extent possible, ask counsel for an estimate of the time it will take to report to the custodian, taking into account the time allowed for detention, the time of day (i.e., whether the rest period under paragraph 12.2 is imminent) and the requirements of other investigations. If the lawyer is on his way or needs to leave immediately, it is usually not appropriate to start an interview before arrival. If it appears necessary to start a hearing before the lawyer arrives, the lawyer should be told how long the police can wait so that arrangements can be made to obtain legal advice from another person.

Nothing in this section prevents the police from determining whether there is a threat to public safety immediately after a person is arrested (see section 11.2). Similarly, in R. v. Oliphant (1992), where D asked him if he could talk to his lawyer, the interrogator agreed that he could, but D then made a full and detailed confession. The trial judges found that the violation of PACE Article 58 and Code C 6.6 was neither significant nor substantial; The Court of Appeal confirmed the view that the presence of a lawyer would not have contributed to what O knew about his rights and therefore would not have had an adverse effect on the proceedings. 12.9 During longer periods when no interrogation takes place, detainees and their legal representatives shall be informed that the investigation into the offence in question is still ongoing. To the extent possible, the detainee and the legal representative should also be informed of the reasons for the long waiting times between interrogations. Consideration should be given to allowing visits, more frequent exercises, or the provision of reading or writing materials (see Section 5.4, Section 8 and Note 12C). 11.3 Immediately before commencing or resuming questioning in a particular place of detention, the investigator shall remind the accused that he or she is entitled to free legal assistance and that the hearing may be delayed in order to obtain legal advice.

unless one of the exceptions provided for in paragraph 6.7 applies. It is the interviewer`s responsibility to ensure that all memories are recorded in the interview transcript. (b) their right to be arrested and detained in accordance with paragraphs 2.5, 3.4 and 11.1A if they are suspected of having participated in the commission, preparation or incitement to commit terrorist acts. 6.8 If clause 6.7(a) applies and the reason for granting the delay ceases to apply, there will be no further delay in exercising the right without further approval, unless paragraph 6.7(b), (c) or (d) applies. If subparagraph 6.7(b)(i) applies, questioning shall cease until the detainee has received legal advice as soon as sufficient information is available to remove the danger, unless Article 6.7(a), (b)(ii), (c) or (d) applies. (d) the detainee changes his or her mind, wishes to obtain legal advice or have counsel at the hearing (if applicable) and states that he or she no longer wishes to speak to a lawyer. In such circumstances, questioning may begin or resume immediately provided that: 3I An officer or other detaining officer who, in accordance with this Code, permits or directs another officer or person to perform a task or action relating to the care, treatment, rights and benefits of a prisoner shall ensure that: that the official or person concerned is capable, trained and competent to perform the task or action in question. 1E A detainee should always have the opportunity, when an appropriate adult is summoned to the police station, to consult in private with a lawyer in the absence of the adult concerned, if he or she so wishes.

A suitable adult is not subject to legal privilege. 6I If a prisoner exercises his right to legal advice by consulting or communicating with a lawyer, he must be allowed to do so in private. This right to consult or communicate in private is fundamental. Except to the extent permitted by section 9 of Schedule 8 of the Terrorism Act 2000, this right is effectively denied where the requirement of privacy is compromised because what is said or written by the detainee or his lawyer for the purpose of legal advice is heard, heard or read by others without the informed consent of the prisoner. Where a detainee speaks to a lawyer by telephone, he or she should be permitted to do so in camera, unless an instruction has been given in accordance with Schedule 8(9) of the Terrorism Act 2000 or is impossible to do so because of the design and layout of the detention area or the location of the telephones. However, it is normally to be expected that facilities will be available in all police stations for detainees to speak privately with a lawyer, either face-to-face or by telephone. (c) that the written communication to the prisoner referred to in paragraph 3.2 is in a language that the prisoner understands and contains the right to interpretation and translation, as well as information on the provisions of section 13 and annex K explaining how the law applies (see note 3A); and 3D The right to consult this code of conduct or other relevant codes of conduct does not entitle the data subject to unreasonably postpone necessary investigative or administrative measures.