3 Interview & advice

Question 1

What should be considered in advising a suspect before an interview?

Answer 1

Disclosure
Evidence
Argent
Defence

Question 2

DISCLOSURE - what does accused have right to be see?

Answer 2

1. custody record COP C 2.4

2 first description of ID witness

Question 3

DISCLOSURE - case law

Answer 3

R v Roble - no AI where so little disclosure that solicitor can’t usefully advise suspect

Question 4

EVIDENCE - approach

Answer 4

1. state what P must prove
2. list what evidence currently exists & what further evidence would be needed for all the elements to be present
3. form a view as to how strong case is against suspect

Question 5

EVIDENCE - case law

Answer 5

R v HOWELL - absence of WRITTEN statement from complainant is NOT a good reason for silence (providing adequate ORAL disclosure of complaint given)

Question 6

ARGENT - relates to

Answer 6

condition & circumstances surrounding suspect

Question 7

ARGENT- factors

Answer 7

STREAMS
Sobriety
Tiredness
Reason for fear
Experience
Age
Mental health
State of health

Question 8

ARGENT - sample answer

Answer 8

There are no reasons with the Argent criteria justifying advising X to remain silent. He is sober, mature, experienced and capable of answering questions

Question 9

DEFENCE - example

Answer 9

X says that he was acting in self-defence when attacked by Y

Question 10

When would you advise a client to answer questions?

Answer 10

• when they have a defence
• if G - persuade police to administer caution
• if NG - persuade police to take no further action

Question 11

When would you advise a client to remain silent?

Answer 11

• police has little evidence
• inadequate disclosure
• condition & circumstances warrant it
• if accused cannot answer some questions (e.g. guilty of some of offences)

Question 12

When would you advise a client to hand in a prepared statement?

Answer 12

• raise facts of defence but avoid stress of interview (if client wouldn’t do well in interview)
• raise facts of defence, but control evidence

Question 13

BENEFITS no comment/ prepared statement

Answer 13

1. control of info
2. protect from self-incrimination
3. no poor/damaging account

Question 14

BENEFITS answering Qs

Answer 14

1. avoid AI

2. admissions - mitigation