PARLIAMENTARY WRITTEN QUESTION
Police Custody: Legal Representation (7 November 2023)

To ask the Secretary of State for the Home Department, what guidance her Department issues to regional police forces on allowing legal representatives access to the booking-in desk in police custody suites.

Asked by:
Andrew Western (Labour)

Police custody is governed by the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice which sets out the legal framework for the detention, treatment and questioning of persons by police officers. Additionally, the operational management of custody suites is carried out in accordance with the Authorised Professional Practise requirements as set by the College of Policing.

PACE Code C states clearly that police must inform an arrested person in custody about their continuing rights, including the right to consult privately with a solicitor at any time, whether in person, in writing or by telephone, and the right to free independent legal advice. The custody officer must act without delay to secure the provision of such advice.

Access to legal advice may be delayed if a person is in police custody in connection with an indictable offence, has not yet been charged, and an officer of superintendent rank or above has reasonable grounds to believe it would otherwise lead to (i) interference with, or harm to, evidence connected with an indictable offence or interference with, or physical harm to, other people; (ii) alerting other people suspected of having committed an indictable offence but not yet arrested for it or (iii) hinder the recovery of property obtained in consequence of the commission of such an offence.

The Home Office does not have plans to amend PACE Code C further or provide additional guidance to forces.

Answered by:
Chris Philp (Conservative)
15 November 2023