The powers library32 of 59 Detention and custody

Access to legal advice

s.58Police and Criminal Evidence Act 1984

An arrested person held in custody may consult a solicitor privately at any time, and a superintendent may delay this only for an indictable offence, on set grounds, for up to 36 hours.

Access to legal advice · Police and Criminal Evidence Act 1984, s.58Card 32 / 59

When you can use it

s.58(1)The person has been arrested, is held in custody at a police station or other premises, and asks to consult a solicitor
s.58(4)–(5)They must be allowed to consult as soon as practicable, and in every case within 36 hours of the relevant time (s.41(2))
s.58(6)(a)Delay is possible only where the person is in police detention for an indictable offence (and not yet charged, Code C Annex B para 1)
s.58(6)(b), (7)Delay must be authorised by a superintendent or above, orally or in writing. Oral authority is confirmed in writing as soon as practicable
s.58(8)The officer has reasonable grounds for believing that using the right at that time will lead to interference with or harm to evidence of an indictable offence, or interference with or physical injury to others
s.58(8)Or will alert other suspects not yet arrested, or hinder the recovery of property obtained by the offence
s.58(8A)Or the person has benefited from criminal conduct and using the right will hinder recovery of the value of that benefit
s.58(11)Once the reason for delay no longer exists, there can be no further delay

What it allows

A detained person may consult a solicitor privately at any time, in person, in writing or by telephone, and free of charge (Code C 6.1).
A superintendent may delay that consultation, but only while the grounds exist and never beyond 36 hours.
On request, a person who has had advice may have the solicitor present in interview (Code C 6.8).

Key definitions

Relevant time – s.41(2): usually the time of arrival at the first police station after arrest.
Solicitor – Code C 6.12: a practising solicitor, or an accredited or probationary representative.
Particular solicitor – Annex B para 3: delay can apply to a named solicitor only where they will, inadvertently or otherwise, pass on a message causing a s.58(8) or (8A) consequence. The person must be offered another solicitor.

Safeguards

Tell the person of the right and give the written notice of rights (Code C 3.1–3.2). Ask if they want advice and record the answer (3.5).
Record the request and its time in the custody record (s.58(2)).
If delay is authorised, tell the person why and note the reasons in the custody record as soon as practicable (s.58(9)–(10)).
No officer may try to dissuade a person from getting advice (Code C 6.4).
Consultation must be private (Note 6J).
A person who asked for advice is not interviewed until they have had it, unless a Code C 6.6 exception applies. Remind them of the right before every interview (11.2).
If interviewed while advice is delayed, no adverse inference can be drawn from silence. Use the restricted caution (Annex C).

Good to know

Delay cannot be justified because the solicitor might advise silence (Annex B para 4).
Wrongly refusing access can make a confession inadmissible (R v Samuel 1988).
Delaying notification of arrest under s.56 does not by itself justify delaying legal advice (Annex B para 5).
Section 58 does not apply to terrorism or national security detentions, which have their own rules (s.58(12)).

Legislation: Police and Criminal Evidence Act 1984, s.58 (opens legislation.gov.uk in a new tab)
Who can use it: A superintendent or above (authorising delay)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Access to legal advice: questions people ask

When can the police use access to legal advice?

1. The person has been arrested, is held in custody at a police station or other premises, and asks to consult a solicitor 2. They must be allowed to consult as soon as practicable, and in every case within 36 hours of the relevant time (s.41(2)) 3. Delay is possible only where the person is in police detention for an indictable offence (and not yet charged, Code C Annex B para 1) 4. Delay must be authorised by a superintendent or above, orally or in writing. Oral authority is confirmed in writing as soon as practicable 5. The officer has reasonable grounds for believing that using the right at that time will lead to interference with or harm to evidence of an indictable offence, or interference with or physical injury to others 6. Or will alert other suspects not yet arrested, or hinder the recovery of property obtained by the offence 7. Or the person has benefited from criminal conduct and using the right will hinder recovery of the value of that benefit 8. Once the reason for delay no longer exists, there can be no further delay

Who can use access to legal advice?

A superintendent or above (authorising delay)

What law gives the power for access to legal advice?

Police and Criminal Evidence Act 1984, s.58.

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