All in all, it seemed prudent to assume the driving
duties at the first opportunity.
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On February 22, 2018, Justice Parry found that the officer breached her obligation to inform Mitchell of his right to counsel without delay and breached her implementational
duty to facilitate access to counsel
at the
first reasonable
opportunity.
Rule 3.3 (The
duty of the parties) There is now an explicit
duty on the prosecutor and defendant to communicate with each other,
at the
first available
opportunity and through to the conclusion of the case, on matters such as likely plea; agreed matters and matters likely to be disputed; what information or material is required from the other party and why; and what is to be done, by which party, and when.
In R v Bartle and R v Suberu the Supreme Court stressed that the need for this
duty begins immediately The majority
at the Court of Appeal found that the trial judge erred in concluding that there was no reasonable
opportunity to provide Taylor access to counsel prior to taking the
first set of samples.
at the time of arrest, and the police have a constitutional obligation to provide access to counsel «without delay.»