Defending the Client

Question 1

What should to if your clients decision is not in line with your advice?

Answer 1

You should not apply any pressure to the client to accept your advice.

If you feel that the client’s decision is contrary to the advice you have given, you should put the advice in writing and ask the client to read it and sign it.

Question 2

What are the specific objectives of a defence lawyer

Answer 2

-Securing information
- Advising in Private
- Advising on matters arising during the period of detention
- presence at police station interviews
- safeguarding the clients rights and acting ethically

Question 3

How should you secure information?

Answer 3

Page 133 checklist 6 and 140 checklist 7

Consult the clients custody record as soon as is practicable after arrival at a police station. You should check the age of the suspect of suspect as if he is under 18 he would require an APA

The time of arrest and time of the arrival at the police station, if there is a significant time difference why is this.

Ask the custody officer what they know of the circumstances of arrest and the evidence and whether they have any information regarding the clients previous convictions.

If a court authorised search has been carried out the solicitor should seek a copy of the Warrant as this will be a valuable route to information,

Obtain information to enable the client to understand the nature of the offence and why they are suspected of committing it, this includes the time and place in question

if an officer gives certain information and asks you to withhold it from your client. you should inform the officer that you have general duty to pass on information to your client.

Question 4

Why should you probe the reason for and circumstances of the arrest, and the reasons why arrest was necessary

Answer 4

this may disclose information about the true nature of the investigation, the legality of the arrest and of detention

Question 5

what code is Advising in private contained in

Answer 5

Code C 6J of PACE states that the right to consult in private as fundamental and states if consultation is comprised the right is denied.

Code C 6J also states that where a person speaks to a solicitor on the telephone, this should be done in private unless impracticable.

Question 6

Advising on matter arising during the period of detention.

Answer 6

Pace s58= client is entitled to legal advice at any time

This is because matter may arise throughout the period that the client is in police custody on which they may want or need advice.

Question 7

Presence at police station? what should you do if a client does not understand a police caution?

Answer 7

The officer should explain it this is outlined by Code C 10D of PACE.

if you are concerned that the client does not understand the caution, you should state it in the interview.

If you are still concerned that the client does not understand the caution, you should tell the interviewing officer at the start of the interview. This may subsequently help to persuade a court that inference under the Criminal Justice and Public Order Act 1994 s34 should not be drawn.

Question 8

What are the dangers of a client telling the police they understand a caution when they do not?

Answer 8

An argument that the defendant did not understand the caution is likely to be unsuccessful if the defendant was in receipt of legal advice at the time.

Question 9

What should you do if the interviewing officer tries to undermine your advice of reminding silent to the client

Answer 9

Before the interview warn the client that the interviewing officer may use this tactic.

if the officer attempts to do this you should immediately inform the officer:

(A) should the case go to trial it will be for the court to decide on the merits of the legal advice given to the client and the clients decision.

(B) the court will draw its on its own conclusions as to the appropriateness of the officers conduct.

Question 10

When reciving disclosure what information should be given

Answer 10

Code C para 11.1a Sufficient information to enable the suspect to understand the nature of the suspected offence and why they are suspected of committing it?

This includes the time and place in question.

Question 11

What is phased disclosure and how should you deal with it ?

Answer 11

This is when information regarding the offence is dripped fed, a possible indication on whether you are receiving phased disclosure is if your handed a written document which says ‘Disclosure 1”

• You should ask the police directly whether they are using phased disclosure.
  -Ask the police if they have any evidence they have not disclosed
• Note carefully what information is disclosed and at what time
• ask the police directly whether there will be downstream monitoring of the interview
• Reconsider the advice whether to answer questions on each occasion that disclosure is made.

Question 12

What police tactics may be deployed and how should they be resisted.

Answer 12

• If you are only accredited the police may refer to this in the interview, you should explain your status during consultation and this will help minimise such tactic.
• The interviewing officer may try to undermine the lawyers advice by telling the suspect that they are not obliged to accept advice to remain silent.

You should warn the client that the interviewing officer may use this tactic and explain the officer’s objective of to make the client lose faith in legal advice

If the officer attempts to use this tactic during the interview inform him of the following

Question 13

How can Seating Arrangements by the police be used as a tactic.

Answer 13

The way in which the seating is arranged in the interview room may be done to make the client forget the lawyer is there.

Make sure you are sat next to the client but placed so that they can have eye contact with both the client and the interviewing officer.

A tactic which can be deployed by urself is that to sit where requested by the police officer until the recording device is activated and then move to where they wish to sit. It will make it more difficult for the interviewing officer to make an issue of it.

Question 14

What is another tactic which the police may use to undermine the right to silence and how can this be resisted

Answer 14

To try and get the client in a habit of talking by starting the interview by asking about the suspects family or by completing antecedent forms which are normally completed after the interviews.

You should persuade the officer not to do this by referring Code C para 11. 1A which provides that an interview is the questioning of the suspect regarding the offence and remind them that question regarding antecedents do not relate to an offence.

If the officer persists then you should consider advising the client not to answer the questions.

Question 15

If the police try the tactic that a failure to reply to questions implies there guilty what should you do?

Answer 15

The danger of this is that the suspect may feel forced to say something or than than no comment.

You should intervene and make it clear that there are many reasons, consistent with innocence why a person may remain silent in interview.

Question 16

If the police seize property belonging to the suspect?

Answer 16

They may imply that it cannot be returned until its true ownership has been established.

This may be an astute tactic, particularly if they know its something valued by the suspect. You should intervene to reassure the client that the matter can be dealt with later outside the context of an interview

Question 17

How can you ensure that the police act and treat the client fairly

Answer 17

1) In any period of 24 hours the suspect must be allowed a continuous eight hours rest, free from interviewing or interruption, the rest period should normally be at night but account should be taken of when the detainee last slept. Code C para 12.2

2) The suspect must be fit to be interviewed, subject to exceptions in cases of urgency Code C 12.3, the custody officer must consider the risks to the detainees physical and mental state if an interview takes place and the risk the interview may be considered unreliable by the court.

3) The interview should as far as practicable take place in an interview room which must be adequately heated, lit and ventilated Code C 12.4

Question 18

How do you ensure that the client do their best in interview

Answer 18

If the clients start to answer questions, the client should be reminded of their right to remain silent and if necessary the interview should be interrupted so that private consultation should take place.

If the client has decided to answer the police you should make sure that their answers are coming out both clearly and in full. If it is unclear you can intervene to enable the client to intervene or summaries what you believe the client means to say and ask the client if that’s so.

If the police object informed that Code C 11.6 require the officer to allow the suspect an opportunity to given an innocent explanation and that the lawyer is helping to achieve this.

If the officer is preparing to wind up the interview and all matters have not been covered you should ask the appropriate questions to highlight the necessary information .

Question 19

What should you do if there is an introduction of evidence not previously disclosed in the interview

Answer 19

you should consider stopping the interview so that you can advise your client in private on the information you have just received.

This should be made clear at the start of the interview that you will intervene if they produce evidence which you haven’t received adequate information or access to.

Question 20

what should you do If the client starts answering questions if he has made a clear decision not to answer questions

Answer 20

you should consider interrupting the interview for legal advice to ensure this is a deliberate and informed decision, as the client may have found the pressure of the interview to great.