Yes, I think there may be a bit of confusion about the terms.
Normally, if the person is represented by counsel, they actually have a defence lawyer who is working on their case.
If we take the expression as it is written, having “access to legal advice” may mean being able to call the emergency lawyer line or get ad hoc advice without necessarily being represented.
The standard here may need to be reassessed, with the terms used. As we know, the words used in a statute are very important. So perhaps some attention should actually be paid to this wording.