Precedent - Right to Counsel Script

From Criminal Law Notebook

You may be / will be / are being charged with: _________________________

You have the right to retain and instruct a lawyer without delay. This means that before we proceed with our investigation, you may call any lawyer you wish or a lawyer from a free legal advice service immediately. If you want to call a lawyer from a free legal advice service, we will provide you with a telephone, and you can call a toll free number for immediate legal advice. If you wish to contact any other lawyer, a telephone and telephone book will be provided to you. If you are charged with an offence, you may apply to Legal Aid for assistance. [1] [2]

Do you understand? _______________

Do you want to call a free lawyer or any other lawyer? ______________

All persons detained in police custody have the right to immediate legal advice regardless of their financial status. Detained persons also have the right to choice of counsel. You may choose to use the free legal advice number or the telephone books provided to contact a lawyer of your choice.

The free legal advice number is:

  • XXX-XXX-XXXX (Adult)
  • XXX-XXX-XXXX (Youth)
Waiver

You have the right to a reasonable opportunity to contact a lawyer. I am obliged not to take a statement from you or ask you to participate in any process that might provide evidence against you until you are certain about whether or not you want to exercise this right.

Do you understand? _______________

Do you want to waive your right to contact a lawyer? ________________

Standard Caution

You may be charged with __________________. You are not obliged to say anything unless you wish to do so, but whatever you say may be given in evidence.

Do you understand? ______________

Secondary Caution

Regardless of anything that anybody has said to you or you have said to anyone else in authority you are not obliged to say anything unless you wish to do so, but whatever you do say may be given in evidence.

Do you understand? ______________