1.5 Police Station - Interview

Question 1

What is the solicitor’s role during the interview?

Answer 1

Protect + advance Client’s legal rights

Give avice > Client avoids giving evidence strengthening CPS’s case

Solicitor can intervene

• Seek clarification
• Challenge improper q
• Advise NOT to answer qs
• Give further legal advice

Question 2

What is the procedure for interviews?

Answer 2

Custody officer > Check if D fit for interview
- Cautioning (start of interview/after break)

UNLESS delay interviewing;

• Interfere with harm to connected evidence
• Interfere with physical harm to other
• Serious damage/loss of property

=> If Custody Officer is satisfied;

• All qs to obtain accurate info put to D
• Consider other evidence available
• Reasonably believes sufficient evidence > Realistic prospect of conviction

Question 3

Who are vulnerable suspects? What are their rights to appropriate adults?

Answer 3

Vulnerable Suspect

• Cutody Officer must check at beginning of D’s detention whether ‘vulnerable’ or not (PACE Code C, Annex E)
• Mental/Health disorder => NOT fully understand implications to them/What is told to them/Prone to being confused or unreliable

Appropriate adult > Replaces solicitor => Right to legal advice

Question 4

Who is an appropriate adult?

Answer 4

Relative/Guardian/Person > Care/Custody

Experienced w vulnerable person but NOT police officer/employed by police