Breadcrumbs Section. Click here to navigate to respective pages.
Chapter
Chapter
Notifying the suspect of the right free advice There is clearly the danger that a person's right to legal advice can be effectively curtailed if they are not aware of it. Code C therefore goes to some lengths to ensure the suspect is aware of the right. The custody officer is required (para 3.5) when he authorises a person's detention in the police station to make sure that the suspect signs the custody record signifying whether he wishes to have legal advice at that point. The revised Code adds the following: 'The custody officer is responsible for ensuring that the person signs the custody record in the correct place to give effect to his decision.' The Code stipulates that police stations must advertise the right to free legal advice in posters 'prominently displayed in the charging area of every police station' (para 6.3). New guidance in the 1995 Code states that (6H): 'In addition to a poster in English advertising the right to legal advice, a poster or posters containing translations into Welsh, the main ethnic minority languages and the principal European languages should be displayed wherever they are likely to be helpful and it is practicable to do so.' The Code also gives precise rules concerning at what point and in what form a person should be notified of the right to get free legal advice. For example, a person who comes to the station under arrest must be told immediately both orally and in writing (paras 3.1, 3.2). The revised Code para states:
DOI link for Notifying the suspect of the right free advice There is clearly the danger that a person's right to legal advice can be effectively curtailed if they are not aware of it. Code C therefore goes to some lengths to ensure the suspect is aware of the right. The custody officer is required (para 3.5) when he authorises a person's detention in the police station to make sure that the suspect signs the custody record signifying whether he wishes to have legal advice at that point. The revised Code adds the following: 'The custody officer is responsible for ensuring that the person signs the custody record in the correct place to give effect to his decision.' The Code stipulates that police stations must advertise the right to free legal advice in posters 'prominently displayed in the charging area of every police station' (para 6.3). New guidance in the 1995 Code states that (6H): 'In addition to a poster in English advertising the right to legal advice, a poster or posters containing translations into Welsh, the main ethnic minority languages and the principal European languages should be displayed wherever they are likely to be helpful and it is practicable to do so.' The Code also gives precise rules concerning at what point and in what form a person should be notified of the right to get free legal advice. For example, a person who comes to the station under arrest must be told immediately both orally and in writing (paras 3.1, 3.2). The revised Code para states:
Notifying the suspect of the right free advice There is clearly the danger that a person's right to legal advice can be effectively curtailed if they are not aware of it. Code C therefore goes to some lengths to ensure the suspect is aware of the right. The custody officer is required (para 3.5) when he authorises a person's detention in the police station to make sure that the suspect signs the custody record signifying whether he wishes to have legal advice at that point. The revised Code adds the following: 'The custody officer is responsible for ensuring that the person signs the custody record in the correct place to give effect to his decision.' The Code stipulates that police stations must advertise the right to free legal advice in posters 'prominently displayed in the charging area of every police station' (para 6.3). New guidance in the 1995 Code states that (6H): 'In addition to a poster in English advertising the right to legal advice, a poster or posters containing translations into Welsh, the main ethnic minority languages and the principal European languages should be displayed wherever they are likely to be helpful and it is practicable to do so.' The Code also gives precise rules concerning at what point and in what form a person should be notified of the right to get free legal advice. For example, a person who comes to the station under arrest must be told immediately both orally and in writing (paras 3.1, 3.2). The revised Code para states:
ABSTRACT
When a person is brought to a police station under arrest or is arrested at the police station having attended there voluntarily, the custody officer must tell him clearly of the following rights [to obtain legal advice] and of the fact that they are continuing rights which may be exercised at any stage during the period in custody.