38(1)This paragraph applies where a detainee in Scotland requests to consult a solicitor.U.K.
(2)The examining officer may not question the detainee under paragraph 1 or 2 until the person has consulted a solicitor (or no longer wishes to do so).
(3)Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.
(4)The powers given by paragraph 8 (search powers where a person is questioned under paragraph 1) may be used when questioning is postponed because of sub-paragraph (2).
(5)The detainee is entitled to consult a solicitor in person.
(6)Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.
(7)In that case the examining officer may require any consultation to take place in another way.
(8)In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 1 or 2.
Modifications etc. (not altering text)
C1Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))
Commencement Information
I1Sch. 3 para. 38 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)
I2Sch. 3 para. 38 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)