Section 64Part 4 — Powers, Duties and Privileges of Police Officers
Access to legal advice
←→ Navigate · Click subsection badges to collapse · Press ? for help
64. (1) Subject to subsection (4), a person arrested and held in custody in a police station or other premises shall be entitled, if the person so requests, to consult an attorney-at-law privately at any time.
Subject to subsection (3), a request under subsection (1) and the time at which it was made shall be recorded in the custody record.
A request for an attorney-at-law is not required to be recorded in the custody record of a person who makes it at a time while the person is at a court after being charged with an offence.
If a person makes a request for an attorney-at-law, the person shall be permitted to consult an attorney-at-law as soon as is practicable except to the extent that delay is permitted by this section.
In any case the person shall be permitted to consult an attorney-at-law within twenty-four hours from the time of that person’s arrest.
Delay in compliance with a request is only permitted — Police Act (2021 Revision) Section 64 c Revised as at 31st December, 2020 Page 57
in the case of a person who is in police detention for an indictable offence; and
if a police officer of at least the rank of Superintendent authorises it.
A police officer may give an authorisation under subsection (6) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable.
Subject to subsection (9) a police officer may only authorise delay where the police officer has reasonable grounds for believing that the exercise of the right conferred by subsection (1) at the time when the person detained desires to exercise it —
will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons;
will lead to the alerting of other persons suspected of having committed that offence but not yet arrested for it; or
will hinder the recovery of any property obtained as a result of that offence.
A police officer may also authorise delay where the police officer has reasonable grounds for believing that —
the person detained for the indictable offence has benefited from that person’s criminal conduct; and
the recovery of the value of the property constituting the benefit will be hindered by the exercise of the right conferred by subsection (1).
For the purposes of subsection (9) the question whether a person has benefited from that person’s criminal conduct is to be decided in accordance with the Proceeds of Crime Act (2020 Revision).
If delay is authorised —
the detained person shall be told the reason for it; and
the reason shall be noted on that person’s custody record.
The duties imposed by subsection (11) shall be performed as soon as is practicable.
There shall be no further delay in permitting the exercise of the right conferred by subsection (1) once the reason for authorising delay ceases to subsist.
Nothing in this section applies to a person arrested or detained under the Terrorism Act (2018 Revision). Section 65 Police Act (2021 Revision) Page 58 Revised as at 31st December, 2020 c