SCHEDULES

SCHEDULE 3Border security

PART 2Detention

31Rights: England, Wales and Northern Ireland

1

This paragraph applies where a detainee makes a request to consult a solicitor.

2

The examining officer may not question the detainee under paragraph 1 or 2 until the detainee 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 conferred 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.