CLP 2 Prelim to Prosecution - Delay Flashcards
1
Q
Generally, if a suspect requests legal advice when should a suspect be able to consult with a lawyer?
A
As soon as practicable
2
Q
Under what circumstances can access to legal advice/phone call be delayed?
A
- indictable offence:
- has reasonable grounds to believe that exercising the legal right will:
- harm evidence or other people
- alert others
- hinder recovery of property
OR - indictable offence and has benefited
3
Q
Who can authorise a delay in legal advice?
A
Officer of superintendent or above
🦸♂️
4
Q
If legal advice from a named solls can be delayed does that end the matter?
A
No, they can normally be given access to another Solls
5
Q
Who can authorise a delay in right to notify?
A
- Officer of inspector or above
🕵️♂️
6
Q
How long can the officer delay?
A
- Only for so long as the grounds to justify the delay exist.
- Max 36 hours
- The suspect must be informed and a note in the custody record
