Police and Criminal Evidence Act 1984, section 58

Access to legal advice

Part V Questioning and Treatment of Persons by Police

(1)A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.

(2)Subject to subsection (3) below, a request under subsection (1) above and the time at which it was made shall be recorded in the custody record.

(3)Such a request need not be recorded in the custody record of a person who makes it at a time while he is at a court after being charged with an offence.

(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 [F448an indictable offenceF448] ; 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)[F449 Subject to sub-section (8A) belowF449] 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 [F450an indictable offenceF450] 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.

[F451 (8A)An officer may also authorise delay where he has reasonable grounds for believing that—

(a)the person detained for [F452 the indictable offenceF452] has benefited from his criminal conduct, and

(b)the recovery of the value of the property constituting the benefit will be hindered by the exercise of the right conferred by subsection (1) above.

(8B)For the purposes of subsection (8A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.F451]

(9)If delay is authorised—

(a)the detained person shall be told the reasons 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.

[F453 (12)Nothing in this section applies to a person arrested or detained under the terrorism provisions [F454 or under section 27 of the National Security Act 2023,F454] [F455 or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019F455] .F453]

Definitions used in section 58 4

premises

“premises” has the meaning assigned to it by section 23 above;

Defined in s.118(1) · see it in the full Act

“premises” includes any place and, in particular, includes—

(a)

any vehicle, vessel, aircraft or hovercraft;

(b)

any offshore installation;

(ba)

any renewable energy installation;

(c)

any tent or movable structure; . . .

Defined in s.23 · see it in the full Act
offence

“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;

Defined in s.65(1) · see it in the full Act
the relevant time

(2) The time from which the period of detention of a person is to be calculated (in this Act referred to as “the relevant time”)—

(a)in the case of a person to whom this paragraph applies, shall be—

(i)the time at which that person arrives at the relevant police station; or

(ii)the time 24 hours after the time of that person’s arrest,

whichever is the earlier;

(b)in the case of a person arrested outside England and Wales, shall be—

(i)the time at which that person arrives at the first police station to which he is taken in the police area in England or Wales in which the offence for which he was arrested is being investigated; or

(ii)the time 24 hours after the time of that person’s entry into England and Wales,

whichever is the earlier;

(c)in the case of a person who—

(i)attends voluntarily at a police station; or

(ii)accompanies a constable to a police station without having been arrested,

and is arrested at the police station, the time of his arrest;

(ca)in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station;

(d)in any other case, except where subsection (5) below applies, shall be the time at which the person arrested arrives at the first police station to which he is taken after his arrest.

Defined in s.41(2) · see it in the full Act
the terrorism provisions

“the terrorism provisions” means sections 41 and 43B of the Terrorism Act 2000 , and any provision of Schedule 7 to that Act conferring a power of detention; and

Defined in s.65(1) · see it in the full Act

Cases considering section 58 33

In re McE (Appellant) (Northern Ireland) In re M (Appellant) (Northern Ireland) In re C (AP) and another (AP) (Appellants) (Northern Ireland)

[2009] UKHL 15 · 11 March 2009Limits

The majority held that the statutory entitlement of a person in police custody to consult a solicitor privately is qualified by surveillance lawfully authorised under Part II of the 2000 Act. Otherwise the right remains fully effective (see paras [21]-[26]; [63]-[66]; [111]-[117]).

Heibner, R. v (Rev 1)

[2014] EWCA Crim 102 · 23 January 2014

The court recognised the pre-existing right to private legal consultation, as restated in S.58. It found the historical evidence too uncertain to establish that access had been denied, and held that the point did not undermine safety. (see paras [32]-[41])

Richardson, R v

[2004] EWCA Crim 1784 · 29 June 2004

Applying section 58 as a present-day standard of fairness, the court held that the continued denial of access to a solicitor was unjustified and that the final admissions should not have gone before the jury. (see paras [16]; [19]-[20]; [23])

13 more judgments, and what each says about section 58, are in the case-law panel in the full Act.

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F448Words in s. 58(6)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(10)(a); S.I. 2005/3495, art. 2(1)(m)
  2. F449Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(2)
  3. F450Words in s. 58(8)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(10)(a); S.I. 2005/3495, art. 2(1)(m)
  4. F451S. 58(8A)(8B) substituted (24.3.2003) for s. 58(8A) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1)(3), Sch. 11 para. 14(3); S.I. 2003/333, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531, arts. 3, 4)
  5. F452Words in s. 58(8A)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(10)(b); S.I. 2005/3495, art. 2(1)(m)
  6. F453S. 58(12) substituted (19.2.2001) for s. 58(12)-(18) by 2000 c. 11, s. 125, Sch. 15 para. 5(6) (with s. 129(1)); S.I. 2000/421, art. 2
  7. F454Words in s. 58(12) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 4(3) (with s. 97); S.I. 2023/1272, reg. 2(f)
  8. F455Words in s. 58(12) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 18(4); S.I. 2020/792, reg. 2(i)

Modifications

  1. C483S. 58 applied with modifications by S.I. 1985/1882, art. 4, 1985/1800, arts. 3–11, Schs. 1, 2 and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 99(4)
  2. C484S. 58 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2)(3); s. 58 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b)(d), 5
  3. C485S. 58: power to apply (with modifications) conferred (1.1.2004) by Extradition Act 2003 (c. 41), ss. 171(3)(d), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 2(2)))
  4. C486S. 58 applied (with modifications) (1.1.2004) The Extradition Act 2003 (Police Powers) Order 2003 (S.I. 2003/3106), art. 2
  5. C487S. 58 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3
  6. C488S. 58 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  7. C489S. 58 applied (with modifications) by 1994 c. 33, s. 137D(2)(c) Sch. 7B Pt. 1 (as inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 116(1)(3), 183(1)(5)(e), Sch. 16)
  8. C490S. 58 applied (with modifications) by 1994 c. 33, s. 137D(2)(c) Sch. 7B Pt. 1 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))
  9. C491S. 58(1)-(11) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).
  10. C492S. 58(1)-(11) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)