Lawyers Flashcards
Lawyers
Can you question a suspect who has received legal advice already.
Yes. R V Ormsby. Court of appeal concluded there is not absolute prohibition on police questioning a suspect, if he chooses not to remain silent.
Lawyers
If a lawyer is on the way to the station should you continue interviewing ?
Best practice would be to suspend the interview until they arrive.
Lawyers
Right to Privacy, can you deny it and is it essential.
Police cannot deny privacy on the grounds that no room is available - unless unsafe to do so or risk of CADD.
Privacy not necessary if suspect doesn’t want it.
Lawyers
Rules on contacting lawyers. Police must …
Make a reasonable, honest & determined effort to contact a lawyer.
No obligation to contact lawyer of their choice.
No right to consult multiple lawyers.
Lawyers
Waivers - Are suspect obliged to have a lawyer present during the interview.
No. However this must be established in an unequivocal manner.
Questioning person in custody.
Where there is sufficient to charge the preferred recording method is -
- Video/DVD
- Audio tape
- Writing.
Suspect must be given the right to review recording, make any corrections or add anything. If in writing must sign it.
Questioning a person in custody.
Questions put to a person in custody must not amount to what ?
Cross examination
Questioning a person in custody.
An arrested person must be ….
charged promptly or released.
A person charged must appear at the next available court sitting. They cant be held while enquiries are conducted into separate offences.
