CLP2 Police Station Advice Flashcards
Should a solicitor passively take notes during representation?
No, the solicitor’s role is not passive and requires active engagement.
What is the solicitor’s role in active defense?
A solicitor should actively defend and promote their client’s interests, not take a passive role.
When is a person considered vulnerable during police detention?
A person is vulnerable if they have a mental health condition or disorder that affects their understanding, communication, or response during detention or interview.
Should someone under the influence of drink or drugs generally be treated as vulnerable?
No, they should not generally be treated as vulnerable due to intoxication alone.
What happens if a custody officer identifies a suspect as vulnerable
The vulnerable suspect must be provided access to an appropriate adult.
What are the three options for a suspect during an interview?
The suspect can either (1) answer questions, (2) make no comment, or (3) provide a written statement and then go no comment.
What must a lawyer explain regarding remaining silent in an interview?
The lawyer must explain the possibility of adverse inferences from remaining silent.
What is a prepared written statement?
A statement handed in at the start of the interview that sets out the defense, often used to avoid adverse inferences.
Why might a prepared written statement be risky?
Because if facts not included are relied upon later, it could still lead to adverse inferences, and the client will still need to answer no comment in the interview.
Q: What must the prosecution prove in a criminal case?
The prosecution must prove beyond reasonable doubt that the defendant is responsible for the crime.
What constitutes visual identification evidence by an eyewitness?
It involves an eyewitness recognizing someone they have seen before committing the crime or seeing the suspect commit the crime and being able to identify or describe them.
What are examples that are not considered visual identification evidence?
Mere description of clothing or vehicle (e.g., “He was wearing a purple jumper”).
The suspect’s connection to a place or others at the scene (e.g., “Maria is always at the café on Saturdays”).
A general description of the suspect’s appearance (e.g., “He was 5’7” with dark hair and blue eyes”).
What is PACE Code D concerned with?
PACE Code D deals with the procedures for visual identification of suspects by eyewitnesses.
When should an identification procedure be held according to PACE Code D?
When an offense has been witnessed and an eyewitness:
Has identified or purported to identify a suspect.
Is available and expresses an ability to identify the suspect.
Has a reasonable chance of being able to identify the suspect.
And the suspect disputes being the person the eyewitness claims to have seen.
Under what circumstances is an identification procedure not required?
If it’s not practicable, serves no useful purpose (e.g., the suspect is already known to the eyewitness), or if exceptions apply.
