3-Interviews and post police station Flashcards

1
Q

what can police not do regarding solicitors

A

dissuade someone from using they must remind them of the right

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2
Q

what is the role of a solicitor mainly

A

advances legal rights of the client (code C note 6D)

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3
Q

what must take place before any questioning

A

a caution

code 10.1

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4
Q

where should an interview take place

A

at the police station

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5
Q

when can an interview take place before the police station

A

if it could harm evidence or people, alert other suspects

code C para 11

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6
Q

why is going to the police station important

A

all rights and entitlements apply
health of suspect monitored
access to appropriate adult

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7
Q

when may a solicitor give over the phone advice

A

for less serious cases

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8
Q

what is solicitor given upon arrival

A

they are shown the evidence

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9
Q

what is role of solicitor before interview

A

advise whether to answer or not

prepare statements and test alibis

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10
Q

role of solicitor during interview

A

intervene when wrong questioning or to clarify

give legal advice

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11
Q

what is private consultation

A

private with client and no one is allowed to listen

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12
Q

what are the 3 courses of action a solicitor may advise

A

remain silent
answer questions
witness statement- give statement but dont speak

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13
Q

what can’t a solicitor do in an interview

A

answer questions

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14
Q

interview misconduct includes

A

threats code C para 11.5
torture inhumane treatment 76(8) pace
inducements

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15
Q

r v fulling

A

using power in wrong or burdensome way classes as torture

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16
Q

what must custody officer do about interviews

A

record any disputes with the interview- they go in custody record c11.7

17
Q

who are vulnerable suspects

A

juveniles
mentally disordered people
mentally vulnerable

18
Q

what do vulnerable suspects get

A

an appropriate adult

19
Q

who can’t be an appropriate adult

A

anyone involved in investigation

20
Q

what are the disposal options

A
charge 
no further action
informal warning 
formal police caution 
conditional caution
penalty notice
21
Q

what is the full code test

A

decision whether to prosecute

22
Q

what is in the full code test

A

evidential test

interests of justice test

23
Q

what is the alternative threshold test

A

when both parts of full code test not fully satisfied but very serious crime.