CLP WK 2

Question 1

What legislation primarily governs the role of a solicitor at a police station?

Answer 1

Police and Criminal Evidence Act (PACE) 1984

Question 2

According to PACE, what is the solicitor’s primary responsibility at a police station?

Answer 2

To protect and advance the legal rights of their client

Question 3

What is meant by “active defence” in the context of a solicitor’s role?

Answer 3

Actively defending and promoting a client’s interests during police procedures, not just passively observing.

Question 4

Name three components of “active defence” a solicitor might undertake.

Answer 4

Gathering information from the police, providing advice on legal rights and procedures (e.g., samples, detention extensions, searches), and attending and advising during interviews.

Question 5

Why is it essential for a solicitor to take comprehensive notes at the police station?

Answer 5

Notes can serve as crucial evidence in court regarding police conduct or the advice given, and enhance credibility when giving evidence.

Question 6

Which Annex of the PACE Codes of Practice defines vulnerability?

Answer 6

Annex E

Question 7

Provide two criteria that might indicate a suspect is vulnerable.

Answer 7

Difficulty understanding their rights or the implications of their situation, and being prone to confusion or easily accepting suggestions without comprehension.

Question 8

Who is responsible for assessing a suspect’s vulnerability upon detention?

Answer 8

The Custody Officer

Question 9

What steps should a Custody Officer take if a suspect is deemed vulnerable?

Answer 9

Arrange for an appropriate adult to be present and inform them about the grounds for detention.

Question 10

Name three individuals who can act as an appropriate adult.

Answer 10

Parents, guardians, relatives, or individuals experienced in dealing with vulnerable persons (over 18 years old).

Question 11

Identify three individuals who CANNOT act as an appropriate adult.

Answer 11

The suspect’s solicitor, minors, police officers, or anyone with a conflict of interest in the case.

Question 12

Is an appropriate adult generally required for interviewing a vulnerable person?

Answer 12

Yes, unless there are urgent interview exceptions.

Question 13

Who can authorize an urgent interview of a vulnerable person without an appropriate adult?

Answer 13

A superintendent or higher-ranking officer.

Question 14

What two conditions must be met for an urgent interview without an appropriate adult to be authorised?

Answer 14

The interview must not significantly harm the suspect’s mental/physical state, and a delay must pose risks to evidence or safety.

Question 15

Name three responsibilities a solicitor has during an interview with a vulnerable client.

Answer 15

Ensuring an appropriate adult is present, requesting medical assessments if needed, and allowing adequate time for the client to provide their account and receive clear advice.

Question 16

What two things should a solicitor clarify to a vulnerable client before an interview?

Answer 16

The solicitor’s role and the implications of a ‘no comment’ interview.

Question 17

During a police interview, what two actions should a solicitor take to protect a vulnerable client’s interests?

Answer 17

Request breaks as needed and monitor the language/tone of police questioning.

Question 18

Should a solicitor take instructions from third parties about their client?

Answer 18

No, unless the client authorises it.

Question 19

Can a solicitor represent two clients in the same case if there is a conflict of interest?

Answer 19

No, especially if one client might blame the other.

Question 20

What six key responsibilities does a solicitor have when advising a client at a police station?

Answer 20

Providing support, assessing fitness for interview, advising on legal position, explaining options, outlining consequences of each option, and offering guidance regarding samples.

Question 21

What two questions should a solicitor ask a client to understand their involvement in the alleged incident?

Answer 21

Do they accept any involvement, and do they have any legal defences?

Question 22

What are the three primary options a client has during a police interview?

Answer 22

Answer questions, remain silent (‘go no comment’), or provide a written statement and ‘go no comment’.

Question 23

What is an adverse inference?

Answer 23

A conclusion drawn from a person’s actions or silence that negatively impacts their interests during legal proceedings.

Question 24

Give an example of a situation where an adverse inference might be drawn.

Answer 24

If a suspect is found with a weapon near a victim’s body, an inference might be drawn that they were involved in the crime.

Question 25

What is the purpose of handing in a prepared written statement at the start of an interview?

Answer 25

To mitigate potential adverse inferences by outlining the defence’s case.

Question 26

What is a potential drawback of relying solely on a prepared written statement?

Answer 26

It lacks flexibility, and the client will still need to answer ‘no comment’ to any questions posed.

Question 27

Why is it generally not advisable to recommend a “mixed interview” approach?

Answer 27

Answering some questions while remaining silent on others can appear evasive to a jury, and it can confuse the client.

Question 28

What seven key factors should a solicitor consider when advising a client on whether to answer questions during an interview?

Answer 28

Amount of disclosure, evidence admissibility and strength, client instructions, client’s state, significant statements, and potential adverse inferences.

Question 29

What paragraph of the PACE Codes of Practice outlines the solicitor’s right to receive adequate information from the police?

Answer 29

COP C, paragraph 11.1A

Question 30

What might justify advising a client to remain silent during an interview?

Answer 30

Insufficient disclosure by the police.

Question 31

What four aspects of evidence should a solicitor consider when assessing its admissibility?

Answer 31

Availability of witness statements, compellability of witnesses, legality of evidence collection, and potential need for applications under s.78 PACE to exclude evidence.

Question 32

When might remaining silent during an interview be a beneficial strategy?

Answer 32

If the evidence against the client is weak.

Question 33

What is the potential risk of remaining silent even if the evidence seems weak?

Answer 33

Additional evidence might emerge later.

Question 34

What should a client consider if they have a valid defence?

Answer 34

The risks of not presenting it during the interview, as silence could lead to adverse inferences or damage credibility.

Question 35

What factors might affect a client’s fitness to participate in an interview?

Answer 35

Mental health issues, intoxication, or confusion.

Question 36

What legal precedent supports the idea that adverse inferences should not be drawn from a client’s silence due to their mental state?

Answer 36

R v Argent

Question 37

What is a significant statement in the context of a police interview?

Answer 37

A statement that can be used as evidence against the suspect.

Question 38

What will the officer typically ask the suspect regarding significant statements at the start of the interview?

Answer 38

To confirm or deny any significant statements made previously.

Question 39

Which Act outlines the potential for adverse inferences from a suspect’s silence?

Answer 39

Criminal Justice and Public Order Act 1984

Question 40

Under what three sections of the Criminal Justice and Public Order Act 1984 can adverse inferences be drawn from a suspect’s silence?

Answer 40

Sections 34, 36, and 37

Question 41

Briefly explain the adverse inference that can be drawn under Section 34.

Answer 41

Failing to mention a fact during questioning that is later relied upon at trial.

Question 42

Briefly explain the adverse inference that can be drawn under Section 36.

Answer 42

Not accounting for a mark, object, or substance found on them.

Question 43

Briefly explain the adverse inference that can be drawn under Section 37.

Answer 43

Not explaining their presence at a crime scene.

Question 44

What does Section 38 of the Criminal Justice and Public Order Act 1984 safeguard against?

Answer 44

Convicting a defendant solely based on adverse inferences.

Question 45

What is the legal consequence outlined in Section 35 of the Criminal Justice and Public Order Act 1984?

Answer 45

Addresses the consequences of silence at trial (covered separately)

Question 46

What caution must be given to a suspect to inform them about the potential for adverse inferences under Section 34?

Answer 46

They do not have to say anything, but failing to mention something they later rely on in court may harm their defence.

Question 47

What is the key consideration when assessing the reasonableness of drawing an adverse inference under Section 34?

Answer 47

Whether it was reasonable for the suspect to have mentioned the fact during questioning.

Question 48

List four factors that can influence the reasonableness of expecting a suspect to mention a fact.

Answer 48

Disclosure by police, the information the suspect knew, the suspect’s condition, and legal advice received.

Question 49

Name three negative implications that drawing an adverse inference can have on a defendant’s case.

Answer 49

Implies a fabricated explanation, suggests withheld information, and highlights a lack of reasonable explanation.

Question 50

What specific warning is required for potential adverse inferences under Sections 36 and 37?

Answer 50

The officer must inform the suspect about the offence, the facts they must account for, and the consequences of failing to do so.