Page:Rules and Directions for the Questioning of Suspects and the Taking of Statements.pdf/8

E12

8. Facilities for defence


 * (a) Provided that no unreasonable delay or hindrance is reasonably likely to be caused to the processes of investigation or the administration of justice:—
 * (i) A person in custody, or present with the police and under investigation by them, should be allowed to speak on the telephone to his friends and consult and communicate privately, whether in person or in writing or on the telephone, with a solicitor or barrister. He shall be provided on request with a current list of solicitors provided by the Law Society.
 * (ii) A person in custody, or present with the police and under investigation by them, should be allowed to have a solicitor or barrister present to advise him at any interview between that person and a police officer.
 * (iii) A solicitor or barrister claiming to have been instructed by a third party to act on behalf of a person in custody, or present with the police and under investigation by them, should be allowed to communicate privately with that person, unless the person states, in the presence of only the requesting lawyer and an independent officer not below the rank of inspector, or a sergeant if an inspector is not available, that he does not wish to consult with the lawyer concerned.
 * (iv) The letters of a person in custody, or present with the police and under investigation by them, should be sent by post or otherwise with the least possible delay.
 * (v) A person who has made a cautioned statement or answered questions under caution is entitled to a copy of such statement or record of interview and this should be supplied as soon as possible after each interview. The only exception is where hindrance is reasonably likely to be caused to the administration of justice.
 * If it is decided to deny a person a copy of his cautioned statement or record of interview, the reasons for this decision must be fully recorded, either within detention records or the investigating officer’s notebook. In such circumstances, no further statements should be obtained and no further interviews should be conducted with that person until a copy of the cautioned statement or record of interview has been made available. A refusal must not continue beyond the point where the person is formally charged.
 * To deny a person a copy of his cautioned statement or record of interview is a serious matter and such action may be the subject of enquiry at his subsequent trial.