Formulating Advice to Suspects Flashcards
What are the three main options available to a suspect in a police interview?
A) Answer all questions, remain silent, provide a written statement and go no comment.
B) Confess to the crime, blame someone else, or remain silent.
C) Provide a written statement, fabricate a defence, or refuse legal representation.
D) Request to leave, request a trial, or demand a lesser charge.
A) Answer all questions, remain silent, provide a written statement and go no comment.
Explanation: These are the three recognised strategies. Each option carries different risks and consequences.
Under what circumstances is a “no comment” interview most advisable?
A) When the police have disclosed strong evidence.
B) When the client is intoxicated or unfit for interview.
C) When the client wants to appear cooperative.
D) When the solicitor has not arrived yet.
B) When the client is intoxicated or unfit for interview.
Explanation: If the client is unfit, the solicitor must ensure they do not incriminate themselves.
What is a key risk of providing a “prepared statement” and then going “no comment”?
A) The prepared statement may be ignored.
B) The police will immediately arrest the client.
C) If key facts are left out, the court may draw adverse inferences.
D) It is illegal to submit a prepared statement in a police interview.
C) If key facts are left out, the court may draw adverse inferences.
Explanation: A prepared statement helps avoid self-incrimination but may lead to adverse inferences if it omits crucial details.
What is a “mixed interview,” and why should it be avoided?
A) Answering some questions but not others; it creates inconsistencies in court.
B) Combining multiple suspects in one interview; it is inadmissible in court.
C) Using both a solicitor and an appropriate adult; it confuses the suspect.
D) Answering in multiple languages; it complicates the evidence.
A) Answering some questions but not others; it creates inconsistencies in court.
Explanation: A “mixed interview” makes the suspect appear selective, leading to negative jury perceptions.
A suspect is arrested for burglary and denies involvement. The police disclose little evidence. What is the safest option?
A) Fully answer all questions.
B) Provide a prepared statement, then go no comment.
C) Admit involvement but claim self-defence.
D) Demand immediate bail and refuse all cooperation.
B) Provide a prepared statement, then go no comment.
Explanation: Limited police disclosure suggests that avoiding self-incrimination is safest while setting out a defence.
The police inform the suspect they have CCTV footage showing him at the crime scene. He claims he was picking up a package but says nothing else. What might happen?
A) No consequences because silence is a right.
B) Adverse inferences under s37 Criminal Justice and Public Order Act 1984.
C) Immediate release due to lack of cooperation.
D) A higher penalty for refusing to answer.
B) Adverse inferences under s37 Criminal Justice and Public Order Act 1984.
Explanation: Section 37 applies if a suspect fails to explain their presence at a crime scene when questioned.
A suspect is accused of assault but has an alibi. His solicitor advises him to mention it in the interview. Why?
A) To avoid an adverse inference under s34 Criminal Justice and Public Order Act 1984.
B) To make the police drop the case immediately.
C) To increase the likelihood of being charged.
D) To ensure the police do not collect more evidence.
A) To avoid an adverse inference under s34 Criminal Justice and Public Order Act 1984.
Explanation: If an alibi is only presented later at trial, the court may assume it is fabricated under s34 CJPOA.
A suspect with schizophrenia is arrested. What must the solicitor ensure before the interview?
A) That the suspect is given a prepared statement.
B) That an appropriate adult is present.
C) That the interview is delayed indefinitely.
D) That the suspect goes no comment.
B) That an appropriate adult is present.
Explanation: PACE Code C requires an appropriate adult for vulnerable suspects to protect their rights
A suspect is charged with fraud. The police have extensive evidence, including emails. What is the best interview strategy?
A) Go no comment to avoid self-incrimination.
B) Fully answer all questions and confess.
C) Provide a prepared statement addressing key points.
D) Ignore all questions and demand an immediate trial.
C) Provide a prepared statement addressing key points.
Explanation: A prepared statement allows the suspect to outline a defence without giving additional evidence.
A suspect is accused of robbery but has not been given any disclosure before interview. What should their solicitor do?
A) Insist on full disclosure before advising on an interview strategy.
B) Allow the interview to proceed without any legal advice.
C) Tell the suspect to answer all questions regardless of disclosure.
D) Demand that the case is dropped immediately.
A) Insist on full disclosure before advising on an interview strategy.
Explanation: COP C requires sufficient disclosure for a solicitor to properly advise their client.
The police have strong forensic evidence against a suspect. The solicitor believes a self-defence argument is valid. What is the safest strategy?
A) Advise full cooperation and answer all questions.
B) Provide a written statement setting out self-defence.
C) Go no comment entirely.
D) Confess immediately and seek a plea deal.
B) Provide a written statement setting out self-defence.
Explanation: A written statement presents a defence early while preventing additional questioning risks.
