Ratio Decidendi
The right to legal advice under s.58 PACE is a fundamental right. Denial of access to a solicitor can only be justified in the most exceptional circumstances, and the grounds for delay must be based on specific facts, not mere suspicion.
Fapte
Samuel was arrested for robbery. Police denied him access to a solicitor under s.58(8) PACE on the ground that it might lead to alerting other suspects. He confessed during interview without legal advice.
Rezumatul hotărârii
The Court of Appeal quashed the conviction. The denial of access was based on generalised fears rather than specific evidence. The confession obtained after unlawful denial of legal advice was excluded under s.78 PACE.
Citate cheie
"The right to legal advice is one of the most important and fundamental rights of a citizen."
— Hodgson J
Tratament ulterior
Foundational authority on the right to legal advice under PACE.