S.L. 9.24 Art. 2Procedure to be followed during an interview. Cap. 9 Cap. 9.

(1) No police officer should, at any time, do or say anything with the intention of dissuading a suspect or accused person who is entitled to legal assistance in accordance with the provisions of Sub-Title IX of Title 1 of Part I of Book Second of the Criminal Code from obtaining legal assistance.

(2) A suspect or accused person who elects for legal assistance may not be interviewed or continue to be interviewed until he has received such legal assistance unless there are lawfully authorised delays made in terms of these regulations.

(3) If a lawyer has been contacted and has agreed to provide legal assistance to a suspect or an accused person, he should attend at the place where the suspect or accused person is detained or arrested promptly but not later than two hours after he has consented to provide legal assistance. Should two hours elapse from the time when the lawyer has agreed to provide legal assistance and the lawyer shall not have arrived at the place where legal assistance is required without such delay having been authorised by a Police officer not below the rank of Superintendent, awaiting further for the lawyer’s arrival shall be considered to cause unreasonable delay to the process of investigation. In such circumstances, the investigating officer shall request the Duty Advocate for Legal Aid to attend instead of the said lawyer so that the interview shall commence. Once the interview has commenced, it shall be the Duty Advocate for Legal Aid who shall assist the suspect or accused person and the lawyer who did not arrive within two hours from when he consented to provide legal assistance shall not be allowed in the room where the interview is taking place so as not to interrupt the interview from continuing in terms of law.

(4) An investigating officer shall request the participation of the Duty Advocate for Legal Aid when a lawyer of choice of the suspect or accused person:

(a) cannot be reached by phone; or

(b) has previously indicated that he did not wish to be contacted; or

(c) has refused to provide legal assistance to the suspect or accused person; or

(d) obstructs the proper questioning of the suspect or of the accused person.

(5) Prior to the commencement of the interview the suspect or the accused person shall have the right to meet in private or to communicate by telephone with the lawyer representing him for a maximum of one hour, unless a Police officer not below the rank of Superintendent authorises a longer period for such consultation.

(6) During an interview, the suspect or accused person’s lawyer shall have the right to put questions to the suspect or the accused person subject to the provisions of the Criminal Code. Any replies given by the suspect or the accused person to his lawyer and any observations which the said lawyer may want to place on record related to the questions made, the answers given, the conduct of the interview, the wellbeing of the suspect or the accused person and any other information which the lawyer considers necessary not to prejudice the right to a fair trial enjoyed by the suspect or the accused person in terms of law, shall also be recorded by the interviewer in writing or by audiovisual means.

(7) Where the suspect or accused person decides that he does not want legal assistance or has changed his mind about wanting legal assistance, the interview may be started or continued in the absence of a lawyer. A record shall be made of this fact during the interview either through audiovisual means or in writing when no audiovisual means are used and in the presence of the interviewer and one witness.