Police station advice

Question 1

What is the primary role of the solicitor at a police station?

Answer 1

To actively protect and advance the legal rights of their client

COP C

Question 2

What defines a vulnerable suspect?

Answer 2

• A person who has difficulty understanding or communicating effectively due to a mental health condition or disorder
• someone under the influence of drink or drugs

Vulnerable suspects may be confused, provide misleading information, or accept suggestions without understanding.

Question 3

Under what condition should a person be treated as vulnerable if an officer has suspicions?

Answer 3

Unless there is clear evidence to the contrary

Officers must make reasonable enquiries to ascertain vulnerability.

Question 4

What must a custody officer do at the beginning of detention regarding vulnerable suspects?

Answer 4

Undertake a risk assessment to identify potential vulnerability

If identified as vulnerable, they will be provided access to an appropriate adult.

Question 5

What is the nature of the consultation between a solicitor and their client?

Answer 5

It should take place in private and is confidential

Lawyers should not take instructions from relatives or third parties without authority.

Question 6

What should a client be asked before interview?

Answer 6

• their version of events
• do they accept involvement?
• do they have a legal defence?

Question 7

What three options does a suspect have during an interview?

Answer 7

• Answer questions
• No comment
• Provide a written statement and then go no comment

Lawyers must explain the adverse inferences from remaining silent.

Question 8

What is the purpose of a prepared written statement?

Answer 8

To avoid adverse inferences and set out a defence

It is handed in at the start of an interview and can be hard to ensure completeness.

Question 9

What are the disadvantages of prepared written statements?

Answer 9

• hard to ensure suffiient info is included
• any facts relid on later that are no mentioned could still lead to adverse inferences

not a good balance!

Question 10

What factors should be considered when deciding if a suspect should answer questions?

Answer 10

• Amount of disclosure
• Admissibility and strength of evidence (are there witnesses, are they compellable, unlawfully obtained evidence?)
• Client’s account/instructions - must put forward any defence they have at this stage
• State of your client
• Significant statements

Question 11

When might remaining silent at interview be a good option?

Answer 11

If there is little evidence against your client BUT is there risk that further evidence could be obtained later?

Question 12

What are the advantages of remaining silent during an interview?

Answer 12

• No risk of providing incriminating information
• Little risk of an inference being drawn if evidence is weak

Question 13

When can adverse inferences not be drawn from silence at interview?

Answer 13

If the suspect’s condition (ill-health, confusion, intoxication, shock) gives the lawyer cause for concern

Question 14

What should a lawyer check regarding the client’s fitness for interview?

Answer 14

Whether the forensic medical examiner has certified the suspect fit for interview

A client’s condition, such as mental health or intoxication, can affect the drawing of inferences from silence.

Question 15

What happens at the beginning of the interview regarding significant statements?

Answer 15

The interviewing officer will present any significant statement or silence for confirmation or denial by the suspect