Mary was arrested on suspicion of conspiracy to supply Class A drugs. At the police station, Detective Inspector Smith informed Mary that, as this was a serious offence, her right to consult a solicitor under s.58 of the Police and Criminal Evidence Act 1984 would be delayed for several hours. DI Smith believed that he was entitled to delay access to a solicitor as he was concerned that Mary may use her solicitor to alert other suspects currently at large.

Mary was studying criminology at University and felt confident that she could deal with the interview without a solicitor. Mary was eager to get the interview over with as soon as possible as she was due to take her final examination within a matter of hours. DI Smith told Mary that she had no chance of making it to her examination unless she started to co-operate. DI Smith also told Mary that two other suspects, Tony and Rory had been arrested and had named Mary as being a key member of a criminal group involved in the supply of Class A drugs in clubs and bars in Nottingham.

DI Smith had invented this information. He then cautioned Mary and proceeded to interview her without a solicitor present. During the interview Mary admitted conspiracy to supply Class A drugs but claimed that she had acted under duress. As a result of Mary's statement, a police search of a storage unit used by her revealed a large amount of cash, 'deal' notes, a set of scales and a small amount of heroin. Discuss the evidential issues which arise in this case.