McDonagh, Regina (on The Application of) v Chief Constable of Leicestershire Constabulary: Admn 19 Dec 2013

The claimant alleged that his treatment in the police station had been wrongful. His solicitor, representing two clients, had refused to attend the interview with the claimant until he had seen the second client. There was a scene and the solicitor was excluded. The claimant said that this had unlawfully imposed a condition on his right to consult with his solicitor.
Held: The claim succeeded. The claimant’s human rights had been infringed: ‘ in breach of the claimant’s rights under Article 6(3)(c) of the European Convention on Human Rights, the defendant, through the custody officer of Beaumont Leys Police Station, Leicestershire, unlawfully imposed a condition on the claimant’s right to have his solicitor present when he was interviewed, namely, that the interview should proceed before the claimant’s solicitor had had an opportunity to consult with a detainee who was also the solicitor’s client and who had been arrested with the claimant, with the effect that the claimant was unlawfully denied right of access to a solicitor of his choosing when he was interviewed. ‘


Mitting, Keith JJ


[2013] EWHC 4690 (Admin)




European Convention on Human Rights 6(3)(c), Police and Criminal Evidence Act 1984 67(10)


England and Wales

Police, Human Rights

Updated: 07 August 2022; Ref: scu.526586