Interviews and disclosure

Can the police refuse to admit an accredited or probationary rep?

When can an inspector stop a rep from attending?

Asked by PoliceStationRepUK team

1 answer

• Under PACE Code C paragraph 6.12A, an accredited or probationary representative sent by a solicitor must be admitted to the police station to give advice unless an officer of inspector rank or above considers the visit will hinder the investigation and directs otherwise. Giving proper legal advice does not count as hindering the investigation. Paragraph 6.13 lists what the officer should consider, such as whether the rep's identity and status are established and whether they are of suitable character. If access is refused, paragraph 6.14 requires the inspector to notify the solicitor on whose behalf the rep was acting, so they can make other arrangements, and the detainee must be told and the custody record noted. Reps should report any refusal to their supervising solicitor straight away.

  Sources: PACE Code C (2023), paras 6.12A, 6.13 and 6.14

  PoliceStationRepUK team

Peer discussion only, not legal advice. Check current rules and guidance.

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