Code C- Removal of Solicitor from Interview Flashcards
Q: What is the role of a legal advisor in the interview process?
Paragraph 6D of Code C
The solicitor’s only role in the police station is to protect and advance the legal rights of their client. On occasions this may require the solicitor to give advice which has the effect of the client avoiding giving evidence which strengthens a prosecution case.
The solicitor is present to monitor the interview process and may ensure the interview is compliant with the law, codes etc..
Q: Can a solicitor intervene in the interview process?
Paragraph 6D of Code C
The solicitor may intervene in order to seek clarification, challenge an improper question to their client or the manner in which it is put, advise their client not to reply to particular questions, or if they wish to give their client further legal advice.
However, the legal advisor cannot prevent the suspect from answering questions if they choose to do so and nor can they answer questions on their behalf. A prepared statement may also be made before charge.
Q: When should a solicitor be removed from the interview?
Paragraph 6D of Code C
Only applies if the solicitor’s approach or conduct prevents or unreasonably obstructs proper questions being put to the suspect or the suspect’s response being recorded. Examples of unacceptable conduct include answering questions on a suspect’s behalf or providing written replies for the suspect to quote.
Q: What actions must be taken prior to removing a legal advisor from interview?
The investigator must inform an officer of at least superintendent rank, who may wish to take the matter up with the Solicitors Regulation Authority.
