R v Samuel

Facts

Police refused a suspect's request to see a solicitor and later obtained a confession.

Issue

Should the confession be admitted?

Held

No. The refusal was not justified and the confession should have been excluded. The conviction was quashed.

Principle

Access to a lawyer is a fundamental right of a person in custody.

Why it matters

Compare section 17(2)(b) of the 1991 Constitution.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.