criminal-law united-kingdom
How it is with a right to solicitor after arrest and in custody?
<p>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.</p>

<h2>You are entitled to legal advice</h2>

<p>Once you are arrested the police must inform you of <a href="https://www.gov.uk/arrested-your-rights" rel="nofollow noreferrer">your rights</a><sup>1</sup> which includes the right to legal advice. Police have to explain this to you by reading the police caution:</p>

<blockquote>
  <p>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.</p>
</blockquote>

<p>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.</p>

<p>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.</p>

<p><sup>1</sup>England, Wales &amp; Northern Ireland, the rules are different in <a href="https://www.mygov.scot/arrested-your-rights/" rel="nofollow noreferrer">Scotland</a></p>
