Advising Client at Police Station / Interview

Question 1

When the Solicitor arrives at the police station what 2 key things should they do and what is the purpose of each?

Answer 1

(1) Check CUSTODY RECORD - details of alleged offence + why client under suspicion
(2) SPEAK TO INVESTIGATION OFFICER - disclosure of case:
(a) Facts
(b) Statements made by client
(c) Next steps intended by police (e.g. ID parade)

Question 2

(1) What is the RULE on if the police have to DISCLOSE their case against a suspect to the Solicitor at the Police Station?
(2) Will they do this anyways and why?

Answer 2

(1) NO duty to Disclose EVIDENCE BEFORE INTERVIEW
(2) YES - avoid solicitor advising client remain SILENT at interview

Question 3

What should be told to the suspect by the police at BOTH (a) Before the interview starts (b) Recommencement of interview?

Answer 3

Right to legal advice

Question 4

A police Interview is under ‘caution’. What does this mean?

Answer 4

Anything said can be used as EVIDENCE

Question 5

When advising a Suspect what to answer in their police interview. What are the 3 options?

Answer 5

(1) ANSWER ALL QUESTIONS
(2) ‘NO COMMENT’ (i.e. Don’t answer questions’)
(3) WRITTEN STATEMENT + ‘NO COMMENT’

Question 6

What 6 factors should be considered on what option to advise a client in a Police Interview (i.e. Answer, ‘No comment’, Written Statement)?

DEAD CV

Answer 6

(1) D - DISCLOSURE - extent of police disclosure pre-interview
(2) E- EVIDENCE - strong/weak evidence of AR/MR of offence
(3) A - ARGENT FACTORS - e.g. Age, Mental capacity, Drunk, tired
(4) D - DEFENCE - strong/weak defence
(5) C - COMPLEX FACTS / LONG TIME AGO
(6) V - VULNERABLE client - e.g. juvenile

Question 6

Can ‘Adverse Inferences’ under S34 CJPOA be drawn from a ‘WRITTEN STATEMENT’

Answer 6

NO
AS LONG AS contains all FACTS D later relies on at court (i.e. no change of facts)

Question 7

For the following situations, what is the best recommended course of action for the solicitor to advise in the interview - (a) Answer all questions (b) ‘No comment’ (c) Written Statement + ‘No comment’

(1) Inadequate police DISCLOSURE
(2) Weak EVIDENCE against client
(3) Admitted guilt to solicitor
(4) Strong DEFENCE
(5) Strong DEFENCE but distressed / vulnerable client

Answer 7

(1) No comment
(2) No comment
(3) No comment
(4) Answer all questions
(5) Written statement + no comment

Question 8

Under PACE Code C, what are the 4 main formalities an Interview should comply with?

Answer 8

(1) At POLICE STATION (unless exception)
(2) Under CAUTION
(3) RECORD taken
(4) Reminder RIGHT TO LEGAL ADIVCE (a) Before interview begins & (b) Recommencement of interview

Question 9

Under PACE Code C:
(1) What is the GENERAL RULE on where an Interview should take place?
(2) What is the exception to this?

Answer 9

(1) Police Station
(2) UNLESS - REASONABLE GROUNDS to believe:
(a) Interfere / Harm EVIDENCE
(b) Cause PHYSICAL HARM
(c) ALERT OTHER PEOPLE (connected to offence)
(d) Harm RECOVERY OF PROPERTY

Question 10

(1) What type of role should a Solicitor take in the Police Interview?
(2) Give 4 examples of this?

Answer 10

(1) ACTIVE role
(2)
(a) CLARIFICATION on questions
(b) CHALLENGE improper questions
(c) ADVISE suspect NOT reply
(d) FURTHER legal advice