Article 9 Access to legal advice
A person arrested and held in custody in a service police establishment or other premises shall be entitled, if he so requests, to consult a legal adviser privately at any time.
A request under paragraph (1) and the time at which it was made shall be recorded in writing by a service policeman.
If a person makes such a request, he must be permitted to consult a legal adviser as soon as is practicable except to the extent that delay is permitted by this article.
In any case he must be permitted to consult a legal adviser within 36 hours from the time of his arrest.
Delay in compliance with a request is only permitted—
in the case of a person who is in custody for a serious service offence; and
if an authorising service policeman authorises it.
An authorising service policeman may give an authorisation under paragraph (5) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
An authorising service policeman may only authorise delay where he has reasonable grounds for believing that the exercise of the right conferred by paragraph (1) at the time when the person in custody desires to exercise it—
will lead to interference with or harm to evidence connected with a serious service offence or an indictable offence or interference with or physical injury to other persons; or
will lead to the alerting of other persons suspected of having committed a serious service offence or an indictable offence, but not yet been arrested for it; or
will hinder the recovery of any property obtained as a result of a serious service or an indictable offence.
If delay is authorised—
the person in custody shall be told the reason for it; and
the reason shall be recorded in writing by a service policeman.
The duties imposed by paragraph (8) shall be performed as soon as is practicable.
There may be no further delay in permitting the exercise of the right conferred by paragraph (1) once the reason for authorising delay ceases to subsist.