판결 이유
The right of access to legal advice under s.58 PACE 1984 is a fundamental right. Delay can only be authorised under s.58(8) where the officer has reasonable grounds to believe access to a solicitor will lead to specific harms (alerting accomplices, hindering recovery of evidence). The grounds must relate to the specific solicitor, not solicitors in general.
사실관계
Samuel was arrested for armed robbery. His request for a solicitor was refused by a superintendent. He was subsequently interviewed and confessed. He argued the confession should be excluded because his right to legal advice was unlawfully denied.
판결 요약
The Court of Appeal held the right to legal advice is fundamental. The superintendent's belief that any solicitor might inadvertently pass a message to accomplices was not a sufficient ground for delay under s.58(8). The confession obtained was excluded under s.78 PACE.
주요 인용문
"The right of access to a solicitor is one of the most important and fundamental rights of a citizen."
— Hodgson J
후속 처리
Leading authority on the right to legal advice under s.58 PACE. Reinforced by subsequent cases and PACE Code C.