I would like to find out how it is with a right to solicitor after arrest and in custody? I demanded a lawyer but I was not allowed to meet him personally and actions were continued and I was forced to take part in proceedings without the presence of a lawyer. During a short phone conversation the lawyer said that he could not talk to me because the conversation was recorded and he was waiting for information when he could meet me in private.

  • 3
    What proceedings and actions took part without the presence of a solicitor? Ie interview, breath analysis, charging etc?
    – Moo
    Mar 1 '20 at 23:14
  • Thank you for the reply. As far as I can see (from the link provided) I have to contact a lawyer because none of my rights had been respected. Nor right to the interpreter, nor right to see the solicitor. I was forced to talk to some people claiming to be a committee verifying my health and mental health. To explain immediately I did not have any health or mental health problems, I was not under the influence of any substances, whether intoxicating or narcotic or medical. I have an asthma and allergy.
    – Danny Z
    Mar 3 '20 at 13:34

You are entitled to legal advice

Once you are arrested the police must inform you of your rights1 which includes the right to legal advice. Police have to explain this to you by reading the police caution:

You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Note that, unlike in the US, the fact that you did not cooperate with the police can be taken into account by the courts. For example, if you have an alibi, you need to tell the police you alibi or it may be inadmissible when you go to trial.

Once you ask for legal advice, the police are not permitted to question you until you get it. They can do whatever policey things they want like fingerprinting that aren’t questioning. You can use your own lawyer or the duty solicitor to get this advice. The advice can be given over the phone. Your lawyer is not entitled to be with you while you are being questioned although the police can allow this if they want.

1England, Wales & Northern Ireland, the rules are different in Scotland

  • The reason I ask in the comments about what proceedings the OP was asking about is because the police can get on and do things like require you to take a breath test, or take an evidential blood or urine test without your lawyer being present or even informed unless they are available and present either physically or on the phone at that exact moment. You can be charged, required to take standard tests, and a whole bunch of other things without the police having to wait for your lawyer to attend. It sounds like this is what happened, hence request for clarification.
    – Moo
    Mar 2 '20 at 1:35

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