Does someone in police custody have the right to counsel?
A person restricted shall be informed immediately of her/his right to a lawyer of her/his choice. In addition, she/he has the right to a reasonable access to her/his lawyer. In the case of an offence which carries a sentence of death or imprisonment for life, the person arrested has to right to counsel at the expense of the State.
An untried prisoner is allowed to apply for free legal aid and to receive visits from a legal advisor. Moreover the interviews between the untried prisoner and the legal advisor may not be within the hearing of an officer.
Legislation:
- Section 23 subsection 3 of the Constitution
- Section 23 subsection 5.b of the Constitution
- Section 28 subsection 28.e of the Constitution
- Section 64 subsection 3 of the Prison act