3-Interviews and post police station Flashcards
what can police not do regarding solicitors
dissuade someone from using they must remind them of the right
what is the role of a solicitor mainly
advances legal rights of the client (code C note 6D)
what must take place before any questioning
a caution
code 10.1
where should an interview take place
at the police station
when can an interview take place before the police station
if it could harm evidence or people, alert other suspects
code C para 11
why is going to the police station important
all rights and entitlements apply
health of suspect monitored
access to appropriate adult
when may a solicitor give over the phone advice
for less serious cases
what is solicitor given upon arrival
they are shown the evidence
what is role of solicitor before interview
advise whether to answer or not
prepare statements and test alibis
role of solicitor during interview
intervene when wrong questioning or to clarify
give legal advice
what is private consultation
private with client and no one is allowed to listen
what are the 3 courses of action a solicitor may advise
remain silent
answer questions
witness statement- give statement but dont speak
what can’t a solicitor do in an interview
answer questions
interview misconduct includes
threats code C para 11.5
torture inhumane treatment 76(8) pace
inducements
r v fulling
using power in wrong or burdensome way classes as torture