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2.4A When a detainee leaves police detention or is taken before a court they, their legal representative or appropriate adult shall be given, on request, a copy of the custody record as soon as practicable. This entitlement lasts for 12 months after release.


Variation of police imposed bail conditions Conditions imposed by a custody officer may be varied by:

The same custody officer or another custody officer serving at the same police station on receipt of a request from the person to whom bail was granted There is no stated procedure for this process, but the police will normally require that a request is in writing. More onerous conditions can be imposed. The magistrates' court on application by the suspect (s. 47(1E) PACE). The magistrates can confirm the same conditions, impose different conditions, or direct that bail shall be unconditional. It continues to be police bail and the procedure for applying for the variation is set out at: Criminal Procedure Rules, Part 14, bail in the magistrates' court and the Crown Court - specifically Criminal Procedure Rule (Crim.PR.) 14.6. Where a defendant applies to the magistrates' court to vary conditions of bail imposed by the Police, the Court will fix a hearing date and notify the CPS. (Courts must hear the application no later than the fifth business day after receipt).

If the CPS has already received a file from the Police, the prosecutor should ask the Police to give their view of the application.

If the CPS has not already received a file, the prosecutor should request a file from the Police. The Police will supply either the appropriate file, or if this is not yet available, sufficient information relating to the circumstances of the case and the suspect's antecedents to enable an application to be dealt with effectively.


PACE Code C 6.6b(v)

(v) When the interview starts and the interviewer reminds the suspect of their right to legal advice (see paragraph 11.2, Code E paragraph 4.5 and Code F paragraph 4.5), the interviewer shall then ensure that the following is recorded in the written interview record or the interview record made in accordance with Code E or F: confirmation that the detainee has changed their mind about wanting legal advice or (as the case may be) about wanting a solicitor present and the reasons for it if given; the fact that authority for the interview to proceed has been given and, subject to paragraph 2.6A, the name of the authorising officer; that if the solicitor arrives at the station before the interview is completed, the detainee will be so informed without delay and a break will be taken to allow them to speak to the solicitor if they wish, unless paragraph 6.6(a) applies, and that at any time during the interview, the detainee may again ask for legal advice and that if they do, a break will be taken to allow them to speak to the solicitor, unless paragraph 6.6(a), (b), or applies. Note: In these circumstances, the restriction on drawing adverse inferences from silence in Annex C will not apply because the detainee is allowed an opportunity to consult a solicitor if they wish.


6.1 – detainees must be informed that they may consult with a solicitor.

6.4 – The police must not do or say anything with the intention of dissuading a suspect from obtaining legal advice.

6.5 – Outlines the circumstances in which a client’s right to legal advice may be delayed.

6.6 – If a detainee requests legal advice, they may not be interviewed until they have received such advice unless particular exceptions apply.

6.16 – 6.17 – records must be made of the client’s request for legal advice.

Guidance Notes

6ZA: Police officers may not indicate that the time the suspect is liable to be detained for might be reduced if they do NOT ask for legal advice, unless the police are asked this question directly.

6E: An officer who takes the decision to exclude a solicitor must be in a position to satisfy the court the decision was properly made.

6J: Solicitors must be allowed to consult with their clients in private.

6K: A suspect is not obliged to give reasons for declining legal advice and should not be pressed to do so

handy_clauses.txt · Last modified: 2022/12/03 11:55 by frescom