In July 2025, the Law Society and the National Police Chief’s Council (NPCC) entered into an updated memorandum of understanding which allows solicitors to keep their electronic communication devices when going into police stations to represent and advise arrested suspects, unless there is a specific reason not to.
Details
The Memorandum of Understanding rejects a blanket ban on mobile phones, laptops, and other electronic communication devices and sets out a presumption in favour allowing solicitors to retain devices – unless there are reasonable grounds to believe that surrender of the devices is necessary to prevent unauthorised communications being made by or on behalf of any detainee.
The Memorandum sets out further criteria in relation to the use and surrender of electronic devices, including the following:
- The solicitor must disclose what electronic devices they have in their possession, if so required.
- Where the custody officer has concerns, the solicitor must explain why it is necessary for them to retain possession of their electronic devices.
- If the custody officer decides that the electronic devices must be surrendered, the custody officer must inform the solicitor of the grounds for such decision.
- If the custody officer decides that the solicitor can retain possession of their electronic devices, the solicitor must agree not to allow any detainee to have access and not to use the device to communicate with anyone on behalf of the detainee. A breach of this agreement may result in disciplinary action or criminal investigation as an attempt to pervert the course of justice.
A notable addition to the updated Memorandum of Understanding is clause 5.1(K), which expressly permits solicitors to digitally record police interviews with their clients, provided that it does not interfere with the interview procedure. The Memorandum recognises that this accommodates solicitors with disabilities and expedites the processes in the best interests of the investigation. This provision does not extend to, for example, appropriate adults who are present during the interview of any child.
Commentary
The Memorandum of Understanding acknowledges that mobile phones, laptops and other electronic communication devices are important, and often essential, tools that allow solicitors to be more effective and efficient in carrying out their duties. They enable solicitors to have easy access to case documents, legal resources, and to make contact with colleagues or relevant authorities for further advice and action. The Memorandum therefore seeks to strike a balance between operational security concerns and the practical needs of legal representatives.
This presumption should be particularly helpful to legal advisors representing children in police custody. Where there is a suggestion that the child client might inappropriately access the device, legal representatives should invoke this memorandum and, if necessary highlight that the provision does not extend to appropriate adults or others in custody to support the child.