👩🏽‍⚖️CLP 1: police station, inc vulnerable clients Flashcards

Question

What should a solicitor do on arrival at the police station?

Answer 1

1. Speak to custody officer and inspect custody record/detention log for info on circumstances of detention 2. Speak to investigating officer to get info on disclosure, significant statements/silence/proposed next steps (intentions/views on bail) 3. Client to discuss sol identity and role, details of offence, their instructions, next step in police investigation (interview), prep for interview

Answer 2

* Police not obliged to disclose ev, but sol must be given sufficient info to enable them to understand the nature of any such offence, and why they are suspected of committing it and to enable effective exercise right to defence * This doesnt require the disclosure of details at a time which might prejudice the criminal investigation.

Answer 3

1. Answer all questions 2. No comment interview 3. Selective silence (answer some) 4. No comment and written statement (drafted by sol)

Answer 4

ADVANTAGES * Give version of events on record straight away (good for if raising self defence/alibi) * Shows 'consistent story' * Good if prosecution case is weak and alibi is watertight * No draw adverse inferences * If admits guilt and no prior convictions, may get caution rather than being charged * Lesser sentence if cooperated w/ police throughout DISADVANTAGES * Self incrimination * Angry/flustered= undermine credibility (if contradict/say something untrue) * If think police haven't made full disclosure, may get caught out by new evidence

Answer 5

1. Make note of reasons for this advice given 2. Tell client about adverse inferences

Answer 6

ADVANTAGES 1. Wont self incriminate 2. If police case weak, wont give extra info enabling police to charge DISADVANTAGE 1. Can draw adverse inferences 2. May conclude any future defence is a sham/fabricated

Answer 7

1. Client admits guilt OR denies involvement and case against weak 2. Disclosure inadequate (ie. Co-accused been interviewed) and prevents ambush with new ev 3. Mentally unfit to be interviewed or will perform badly due to age, maturity, phycological vulnerability, inexperience of police detention 4. Facts complex/matter occurred long ago 5. Defence wont stand up to questioning 6. Personal reasons ie. embarrassment

Answer 8

ADVANTAGES none, dont advise DISADVANTAGES looks like client has something to hide Adverse inferences drawn from silences

Answer 9

1. Stops adverse inferences being drawn from no comment if handed to police and contains all facts D later relies upon(good if client will interview badly) 2. Opportunity to put case forward consistently from beginning

Answer 10

No more than necessary to prevent drawing of adverse inferences at trial (may need updating on further disclosure)

Answer 11

a. During interview b. Prior to charge c. Not disclosed (if case against weak/you doubt accuracy of clients instructions, keep till charge so don’t give police more evidence) but this wont stop adverse inferences being drawn that defence wouldn’t stand up to police questioning

Answer 12

a. Audibly recorded interview b. identification procedure (by witness/victim) c. Fingerprints-see if match crime scene d. Samples-see if match crime scene

Answer 13

If suspect appears unable to: a. Appreciate significance of questions/answers b. Understand what's happening bc of drink/drugs/ailment/condition

Answer 14

If on tape/disc, master will be sealed in presence of suspect at end of interview and only be opened at trial, 1 working copy kept by investigating officer to prep transcript, 1 given to suspect

Answer 15

Delay 36h if a. Sol client asked for cant be contacted/declined to attend and suspect declined duty solicitor b. Sus asks for legal advice and changes mind IF 1. At least inspector asks sus why changed mind, finds sol expected arrival time and tells them sus changed mind/why 2. Record reason for change on custody record 3. Sus confirms to interview in writing 4. At least inspector satisfied its proper for interview to proceed & gives authority in writing 5. Remind sus of right at start of interview and caution. 6. Record in interview record… – Confirmation of changed mind – Authority for interview given – If sol arrives, sus will be informed and break taken to speak to sol

Answer 16

1. Explain procedure (inc, can be stopped) 2. Sol will be present and intervene when necessary 3. Warn not to become hostile/abusive (will undermine credibility) 4. Warn not to make personal attacks on others (may lead to prosecution having evidence of prev convictions)

Answer 17

Solicitor should be allowed to sit beside client and must be able to make eye contact

Answer 18

if… 1. Q techniques are inappropriate/improper } Irrelevant } Asserting facts } Misrepresenting law } Putting words in clients mouth } Misrepresenting strength of case against } Speculative/hypothetical qs } Threats } Inducements } Reference to prev convictions 2. Police behaviour is inappropriate/oppressive 3. Client would benefit from further priv legal advice 4. Concerned abt client behaviour 5. Already sufficient ev to charge

Answer 19

1. Police caution suspect: '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' 2. Police remind of right to free independent legal advice even if sol present 3. Put to suspect any significant statements/silence(if don’t, may be inadmissible at trial) -Confirm/deny? -Add anything?

Answer 20

* Officer in charge satisfied all qs they consider relevant to obtaining accurate and reliable information about the offence have been put to the suspect * For detained suspect-when enough evidence to provide realistic prospect of conviction

Answer 21

◊ Must have 8h uninterrupted rest every 24h ◊ Breaks at recognised mealtimes ◊ Refreshment breaks at 2h intervals

Answer 22

If their conduct is such that the interviewer is unable properly to put qs to the suspect. (ie. Answering on behalf of D) MUST } Stop interview } consult officer of at least superintendent } Give client opp to consult another sol

Answer 23

If client intents to give info to police client knows to be false: -decline to act (duty not to mislead court) -don’t tell police why (duty of confidentiality) -Attempt to dissuade client lying as may result in being charged with more serious offence (ie. Perverting course of justice) If client will give 'no comment' interview-can act

Answer 24

□ Speak to investigating officer then sus 1 suspect (who asked for you first) □ If clear conflict (ie. Sus 1 blames sus 2), decline to act for sus 2 □If not, be alert to conflict arising later after, if arises when already seen both suspects, withdraw from case completely

Answer 25

DONT unless: □ Obtained other clients consent (preferably in writing) □ AND Both clients putting forward consistent instructions □ AND sol considers it in clients best interests ALSO have regard to overriding duty not to mislead court-to stop clients using you to fabricate defence, get both clients story first before tell them what each other said If stories inconsistent-withdraw

Answer 26

DONT unless sol considers it in clients best interests (and explained reasoning to client and obtain their authority (best in writing)

Answer 27

Must make client aware of all material information of which the solicitor has knowledge EXCEPT: 1. Disclosure prohibited by national security/prevention of crime 2. Client gives informed written consent 3. Reason to believe serious physical/mental injury will be caused to client/another 4. Info contained in privileged doc, mistakenly disclosed to you

Answer 28

Must: a. Explain to client why b. Tell client entitled to free legal advice from another sol c. Explain still owes them a duty of confidentiality d. Tell custody officer no longer able to act for professional reasons but NOT WHY

Answer 29

1. Juveniles (aged 10-17) (in. anyone who appears under 18 in absence of contrary evidence) 2. Mental health condition/mental disorder (inc. anyone suspected to in absence of contrary evidence) 3. Deaf/blind/unable to speak/unable to understand English

Answer 30

1. Inform someone responsible for juveniles welfare as soon as practicable: that they've been arrested, why, where being detained 2. If no English or hearing/speech impediment: Custody officer must obtain interpreter OR someone able to assist sus with communication 3. If blind/serious visual impairment: Custody officer endure theres someone independent (eg. AA, relative, sol) to help check docs

Answer 31

1. Juvenile 2. Someone with mental health condition or mental disorder

Answer 32

Juvenile: 1. Parent/guardian or rep from LA if in their care 2. Social worker from local authority 3. Another responsible adult over 18y and not connected to police (eg aunt/uncle/grandparent) Mental health: 1. Relative, guardian, someone responsible for their care or custody 2. Someone experienced dealing with vulnerable people 3. Some other responsible adult

Answer 33

1. Solicitor 2. Police officer/employee 3. Interested party (victim, another sus, witness, anyone involved in investigation) 4. Person sus made admissions to before being asked to attend police station 5. An estranged parent where juvenile expressly objects

Answer 34

1.Support, assist and advise sus (particularly during questioning) 2. Ensure suspect understands rights at station/adults role in protecting them 3. Observe if police are acting properly, fairly and with respect of suspects rights 4. Assist with communication between suspect and police

Answer 35

Client: That AA not bound by duty of confidentiality Risk of witness summons Sol must ensure appropriate adult: 1. Is aware of their role 2. Understands its not their role to help the police 3. Knows they shouldn’t answer questions on behalf of suspect 4. Should intervene in interview if they don’t think sus understood q

Answer 36

Must be cautioned in appropriate adults presence/repeated for them MUST NOT be interviewed, asked to provide/sign written statement under caution or record of interview without appropriate adult being there

Answer 37

1. Conduct means cant properly put Qs to suspect 2. Stop interview and superintendent/above not connected with investigation listens to interview 3. Reminds AA of role and gives chance to respond 4. Get new AA

Answer 38

* Indictable only-referred to CPS * First time summary/either way-decided by police * Not first time-police following assessment by Youth Offending Team

Answer 39

1. **Community resolution**: informal agreement between parties for minor offence by 1st time offender 2. **Youth caution**: IF sufficient ev to charge, admits guilt and conditional caution not in public interest (need AA if given to 17 or younger) 3. **Youth conditional caution**: if sufficient ev to provide a realistic prospect of conviction, admits guilt, and warned if fail to comply will be prosecuted for original offence AND Must be aimed at a. Rehab b. Reparation c. Punishment AND and be capable of being completed in: a. 16w for summary b. 20w indictable

Answer 40

ADVANTAGES □ Avoids charge/youth court □ Not criminal conviction DISADVANTAGES: □ Record of fingerprints/photos/DNA □ Admission of guilt will be on criminal record (although not conviction) □ May need to be disclosed to employer/prospective employer □ Police must refer to Youth Offending Team wholl arrange rehabilitation programme □ Failure to comply=prosecution for original offence/ will be cited in crim proceedings □ Sex offenders register if applicable