1.4 Police Station - Advice to Client Flashcards
What are Client’s options at police interview?
Answer all qs
Answer some qs
Give ‘no comment’ interview
Give ‘no comment’ interview
- During interview
- Being charged > Written statement (facts to be relied on for defence at trial) > Police
What is the Right to Silence?
1) Police station rep > Carefully weighs considerations > Whether to advise Client to remain silent
2) D anticipated not to answer qs
- Should check custody record > Records of sentences/seized property
3) D exercises right to silence
4) CPS may make submissions to court/jury drawing adverse inferences
5) D’s solicitor should prepare representations vs adverse inferences drawn (where appropriate) on basis that;
- D had NO answer to allegations
- NONE of D’s answers could have stood up to police’s scrutiny
- D has defence that fits CPS’s facts
What are adverse inferences?
Custody officer questions D
- Under caution
D NOT respond
- Silence > Fully/Partly
- States facts
D relies on facts at trial to judge
- Silence > Adverse inference
- Deviation/Alternative > Adverse inference
=> Could have reasonably been mentioned when questioned => Undermines D’s case
How can D avoid drawing adverse inferences?
Explain reasons for remaining silent when questioned (when D could have reasonably mentioned them)
- Waive legal privilege
- Call lawyer
- Subjective consideration (D’s perspective) of facts by jury/court
D’s reliance on legal advice to remain silent => Reasonable + genuine (persuaded by court/jury)
Implied right to silence (Art 6, ECHR) > Safeguards > Computability between adverse inferences vs right to silence
- NOT sole reason for conviction
- NOT draw adverse inferences if access to legal advice is delayed
Alternative to silence > Lawyer preparing/submitting/reading written prepared statement at interview
- D NOT comment/rest of interview is silent => NO adverse inferences
- BUT facts relied on at trial omitted in statement => Adverse inference
