Police station procedure and advice — SQE1 Criminal question
A worked single-best-answer question on police station procedure and advice, with why each wrong option is wrong — the way SQE1 traps candidates.
Gary was arrested on suspicion of burglary of a dwelling and taken to a police station, where he immediately asked to speak to a solicitor. A detective inspector, the most senior officer on duty, decided to delay his access to legal advice for 12 hours. The inspector reasonably believed that a call from Gary's solicitor might alert an accomplice who had not yet been arrested. Gary was interviewed during that period without legal advice.
Which of the following best describes whether the delay was lawful?
- AThe delay was lawful, because an inspector may delay access to legal advice for up to 36 hours.
- BThe delay was unlawful, because delay may only be authorised by an officer of at least the rank of superintendent.
- CThe delay was lawful, because the right to legal advice arises only after a suspect has been charged.
- DThe delay was lawful, because access to legal advice may be delayed for any offence where there is a risk of alerting other suspects.
- EThe delay was unlawful, because the right to legal advice can never be delayed.
Show answer and reasoning
Rule: Access to legal advice may be delayed only for an indictable offence, on specified grounds, with the authority of an officer of at least superintendent rank, and for no more than 36 hours.
- A The maximum delay is 36 hours, but the authorisation must come from a superintendent or above. (wrong rule)
- C The right under s 58 applies to anyone in police detention, before or after charge. (wrong rule)
- D Delay is permitted only for indictable offences and only with a superintendent's authority. (wrong rule)
- E Delay is permitted in limited circumstances under s 58(6) and (8). (wrong rule)
Source: Police and Criminal Evidence Act 1984, s 58; PACE Code C, Annex B
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