9.2: Police Station - Interviews and Advice Flashcards
What is a police interview?
The questioning of a person regarding their involvement or suspected involvement in a criminal offence.
How should a police interview be conducted?
Interviews must be conducted under caution, suspect should be reminded of their entitlement to legal advice, suspect should be given enough information about offence(s) on which they are being interviewed to understand what they are suspected of committing.
When can a suspect get access to legal advice?
Suspect should have access to legal advice before, and a legal advisor during, an interview unless there are specific grounds for delaying access or for interviewing without such assistance.
What is the role of a criminal solicitor?
To represent their client’s legal interests and advance the rights of their client. Advisor can legitimately advise the client not to assist the prosecution case and not to answer questions. The advisor may challenge inappropriate or unclear questions and the manner of questioning.
When will a solicitor be required to leave a police interview?
If their conduct “if such that an interview is unable properly to put questions to the suspect”.
What is meant by ‘the right to silence’?
Suspect can choose not to answer questions asked of them in an interview, although the police can continue to put their questions.
What is a drawback to the right to silence?
The jury can in certain circumstances draw ‘adverse inferences’ from the suspect’s silence.
What is meant by a ‘caution’?
A caution is a formal warning issued to a suspect about their right to silence.
When must a caution be issued?
→ There are reasonable grounds to suspect that person of an offence, before any questions about that offence are put to them
→ Person is initially questioned not under caution, but their answers give grounds to the suspicion that the person committed the offence
→ When a person is arrested
→ Before a person is charged or informed that they will be prosecuted
Describe the words of caution when a legal representative is present.
You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence.
Describe the words of caution when a legal representative is absent.
You do not have to say anything. But anything you do say may be given in evidence.
N.B: This caution does not reflect the possibility of adverse inferences
What is meant by ‘adverse inferences’?
The jury may draw ‘such inferences as appear proper’ in determining issues such as the defendant’s guilt.
Describe the adverse inferences that can be drawn by s.34, s.36 and s.37 of CJPOA
s.34 - Failure To Mention Defence Facts:
s.36 - Failure To Account For Objects / Substances / Marks
s.37 - Failure to Account for Presence At The Scene
Who can be categorised as vulnerable detainees?
Juveniles (under 18) / people who do not speak or understand English / people suffering from mental health issues / people who are illiterate / people with visual impairment.
How should a Custody Officer assist vulnerable detainees?
Providing special treatment and the appointment of an appropriate adult to assist them in their detention.
