Police Station Advic e Flashcards
What is the role of a solicitor at a police station
To protect and advance the legal rights of their client.
No additional information.
When can a solicitor intervene in an interview
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’.
No additional information.
What should active defence include
• Obtaining as much information from the police as is possible.
• Advising your client fully and in accordance with your professional obligations.
• Advising on issues which arise during the police investigation, such as whether to provide samples, extensions of periods of detention, searches of premises and bail.
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A solicitors rule is not
• a passive one; nor
• to sit by and take notes.
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Who is not a vulnerable suspect
Generally, a person under the influence of drink or drugs should not be treated as vulnerable.
No additional information.
When should a suspect be treated as vulnerable
At the beginning of the suspect’s detention, the custody officer will undertake a risk assessment and identify whether the suspect is or might be ‘vulnerable’. If so, the vulnerable suspect will be provided with access to an appropriate adult.
No additional information.
What is relevant information when considering whether someone is vulnerable
• The behavior of the person;
• Their mental health and capacity;
• What the person says about themselves;
• Information from police officers, staff and records;
• Information from health and social care and other professionals who know or have had previous contact with the person.
No additional information.
What additional steps must a solicitor take when representing a vulnerable client
• Slower and clearer explanations
• Taking breaks during interview
Ensuring the tone of questions is appropriate
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What are the three options for answering questions in police interviews
• Answer questions
• Don’t answer questions (‘go no comment’)
• Provide a written statement and ‘go no comment’
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What is an adverse inference
Common sense conclusion that is adverse to the interests of a party in proceedings.
No additional information.
Can adverse inferences still be drawn if a suspects hands in a prepared statement
Yes. It can be difficult to ensure that sufficient information is contained in the statement as any fact relied on later that is not mentioned could still attract an adverse inference.
No additional information.
Should solicitors ever recommend a mixed interview
NO.
No additional information.
What factors should be considered when advising your client whether to answer questions
• Amount of disclosure
• Admissibility and strength of evidence- that you are aware of or that might become available in the future.
• Your client’s account/ instructions
• The state of your client
• Significant statements
• Possible adverse inferences
No additional information.
If the police have given little to no disclosure of the case against the suspect so that the legal advisor cannot usefully provide advice, what style of answer is best
No comment
No additional information.
If the evidence is weak against your client, why is advising them to remain silent a good option
• No risk of the client providing incriminating information; and
• Little risk of an inference being drawn from silence as the matter is unlikely to proceed.
No additional information.
What are the two possible consequences of waiting until trial to put forward a defense
• Adverse inferences; and
• Losing credibility.
No additional information.
When should a court not draw adverse inferences from silence
Where the suspect’s condition, such as ill-health (especially mental), confusion, intoxication or shock gives the lawyer cause for concern.
No additional information.
Can a significant statement be used as evidence against the suspect
Yes if confirmed in interview.
No additional information.
When does section 34 allow for an adverse inference to be drawn
In circumstances when the defendant later relies on a fact in their defense that was not offered at the time of questioning.
No additional information.
Can an inference be drawn if a suspect has not been cautioned
No - caution = You do not have to say anything. But it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’
No additional information.
What will be taken into account when deciding if something was reasonable to have mentioned at the time
• what disclosure had been made to the suspect, or their lawyer, by the police;
• what information the prosecution can demonstrate the suspect knew at the time of questioning or charge;
• the condition and circumstances of the suspect; and
any legal advice that the suspect received.
What is required for a section 36 and section 37 inference to be drawn?
A special warning.
What must a suspect be told in a special warning?
The offence being investigated, the fact they are asked to account for, that this fact may relate to their participation in the offence, that a court may draw an inference if they fail to account for this fact, and that a record of the interview is being made.
When does section 36 allow for an inference to be drawn?
when the suspect fails to account for an object, substance or mark found on them at the time of arrest. Section 36 might include a failure to account for bruising or a hammer in the suspect’s rucksack.
