Page:Police and Criminal Evidence Act 1984.pdf/64

58c. 60

(4) If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that delay is permitted by this section.

(5) In any case he must be permitted to consult a solicitor within 36 hours from the relevant time, as defined in section 41(2) above.

(6) Delay in compliance with a request is only permitted—
 * (a) in the case of a person who is in police detention for a serious arrestable offence; and
 * (b) if an officer of at least the rank of superintendent authorises it.

(7) An officer may give an authorisation under subsection (6) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(8) An officer may only authorise delay where he has reasonable grounds for believing that the exercise of the right conferred by subsection (1) above at the time when the person detained desires to exercise it—
 * (a) will lead to interference with or harm to evidence connected with a serious arrestable offence or interference with or physical injury to other persons; or
 * (b) will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
 * (c) will hinder the recovery of any property obtained as a result of such an offence.

(9) If delay is authorised—
 * (a) the detained person shall be told the reason for it; and
 * (b) the reason shall be noted on his custody record.

(10) The duties imposed by subsection (9) above shall be performed as soon as is practicable.

(11) There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.

(12) The reference in subsection (1) above to a person arrested includes a reference to a person who has been detained under the terrorism provisions.

(13) In the application of this section to a person who has been arrested or detained under the terrorism provisions—
 * (a) subsection (5) above shall have effect as if for the words from “within” onwards there were substituted the