2. Are you entitled to legal advice whilst in custody?
A. Yes. At all stages (subject to special provisions for terrorist offences). Entitlement is specified in the Police and Criminal Evidence Act 1984 (PACE).

3. How do you get that advice when you need it?
A. a) Ask for us by name. Suffolk Custody Officers have a 24 hour phone number for us.
b) Ask for a duty solicitor.

4. Must you pay for the advice?
A. No. It is free of charge to you and paid for by the Legal Services Commission - the taxpayer.

5. What is the legal limit of alcohol in the breath when driving?
A. 35 milligrams of alcohol in 100 millilitres of breath.

6. Are you entitled to legal advice before giving a breath sample in the police station?
A. Yes and No. You are entitled to legal advice, but not necessarily before giving the sample. So you cannot use your entitlement as a delaying tactic.

7. Can you give two good reasons for deciding not to ask for a solicitor when interviewed by the police?
A. a) "I am guilty, so I didn't need one"
b) "I hadn't done anything, so I didn't need one". but a) Are you sure you know the law relating to the offence of which you are accused? You might feel in the wrong but still not be guilty in law. If we were to advise you that there is in fact no admissible evidence against you, would you still wish to make admissions to the police and convict yourself? b) Innocent people get arrested, charged and (sometimes) convicted, as well as guilty ones. Have faith in our criminal justice system, but do not be blind.

8. If you are under arrest, do the police have to get a warrant to search your house?
A. No. (PACE S.18)

9. Does the formal caution introduced by the government in 1994 (..."it may harm your defence if you fail to mention when questioned something you later rely on in Court") mean that you have lost the right to silence in interview?
A. Yes and No. The law is rapidly developing and a recent ruling of the European Court of Human Rights said this provision made a trial verdict unfair. The decision as to whether to answer questions or not is complex and should be discussed in detail with your solicitor.

Phone, fax or e-mail for advice with any crime related issues.

Fairweather Stephenson Solicitors for Crime and Your Rights

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