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(4) A police officer not below the rank of superintendent may authorise a delay in making intimation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.
(5) Where a detained person requests that the intimation be made, there shall be recorded the time when the request is—
- (a) made, and
- (b) complied with.
(6) A person detained shall be entitled to consult a solicitor at any time, without delay.
(7) A police officer not below the rank of superintendent may authorise a delay in holding the consultation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.
(8) Subject to paragraph 17, the consultation shall be private.
(9) Where a person is detained under section 41 he must be permitted to exercise his rights under this paragraph before the end of the period mentioned in subsection (3) of that section.
17.—(1) An officer not below the rank of Assistant Chief Constable may direct that the consultation mentioned in paragraph 16(6) shall be in the presence of a uniformed officer not below the rank of inspector if it appears to the officer giving the direction to be necessary on one of the grounds mentioned in subparagraph (3).
(2) A uniformed officer directed to be present during a consultation shall be an officer who, in the opinion of the officer giving the direction, has no connection with the case.
(3) The grounds mentioned in paragraph 16(4) and (7) and in sub-paragraph (1) are—
- (a) that it is in the interests of the investigation or prevention of crime;
- (b) that it is in the interests of the apprehension, prosecution or conviction of offenders;
- (c) that it will further the recovery of property obtained as a result of the commission of an offence or in respect of which a forfeiture order could be made under section 23;
- (d) that it will further the operation of Part VI of the 1988 c. 33.
1995 c. 43.
S.I. 1996/1299 (N.I. 9).Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence).
(4) This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) has reasonable grounds for believing that—
- (a) the detained person has committed an offence to which Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,
- (b) the detained person has benefited from the offence within the meaning of that Part or Order, and
- (c) by informing the named person of the detained person’s detention (in the case of an authorisation under paragraph 16(4)) or by the exercise of the entitlement under paragraph 16(6) (in the case of an authorisation under paragraph 16(7)) the recovery of the value of that benefit will be hindered.
