9:2 - At the police station – interviews and advice Flashcards
Where should a suspect be interviewed after arrest?
At a police station, unless delay would cause harm to evidence, people, or property.
What must happen before an interview starts?
Suspect must be cautioned (even if they have already been cautioned).
Informed of their right to legal advice (again).
Provided with sufficient details about the offence (again).
What does PACE s.76 say about confessions?
Confessions must be excluded if obtained through oppression or unreliable circumstances.
What does PACE s.78 allow?
General exclusion of unfair evidence. The court may exclude evidence if admitting it would be unfair.
If police interrogate a suspect without legal access and then rely on their statements at trial, the judge may exclude them under s.78. Or failing to follow the PACE rules.
How should police interviews be recorded?
By audio or video recording if facilities exist; otherwise, by written notes.
What happens if an interview is not properly recorded?
The evidence may be inadmissible under PACE s.78.
What are a solicitor’s key responsibilities at the police station?
Inspect custody records.
Obtain disclosure about the offence.
Advise the client on whether to answer questions.
When can a solicitor be removed from an interview?
If their conduct prevents proper questioning (PACE Code C para 6.9).
Who needs an appropriate adult during interviews?
Juveniles and mentally vulnerable detainees.
What happens if a vulnerable person is interviewed without an appropriate adult?
The evidence may be ruled inadmissible.
Who can be an appropriate adult?
👨👩👧👦 A parent, guardian, or family member (if available and suitable).
👩🏫 A social worker.
🎓 Another responsible adult over 18, e.g., a teacher or family friend.
👮 A volunteer from an AA scheme (often provided by local councils or charities.
Remember - the child’s preference is taken into account.
When are special cautions used?
An object, mark, or substance on their person (Section 36).
Their presence at a crime scene (Section 37).
When can the police question a person outside of an interview?
Questioning outside of interview is permitted (to confirm identity, ownership of vehicles, etc).
What does the role of an appropriate adult include?
✅ Ensuring Understanding – Helping the detainee understand their rights and the police process.
✅ Preventing Mistreatment – Ensuring fair treatment and preventing intimidation, bullying, or coercion.
