police station advice (workshop 2)

Question 1

what is the role of a solicitor in the police station?

Answer 1

to protect and advance the legal rights of their client.

Question 2

when can a solicitor intervene at interview?

Answer 2

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.

Question 3

if someone is under the influence of drink or drugs should they be treated as vulnerable?

Answer 3

no

Question 4

who decides if a person is vulnerable?

Answer 4

the custody officer

Question 5

what are the three options for a client at a police interview?

Answer 5

answer questions
no comment interview
provide a written statement and no comment

Question 6

what are the reasons why interviewing without an appropriate adult be delayed?

Answer 6

an urgent interview can take place if a superintendent or above is satisfied that it would not significantly harm the persons mental state or physical state and delay would lead to:
- interference, with, or harm to, other persons
- interference with, or physical harm to, other persons
- serious loss of, or damage to property
- hindering the recovery of property obtained in consequences of the commission of an offence

Question 7

if a person is on drink or drugs - are they a vulnerable person?

Answer 7

no

Question 8

who decides if a person is ‘vulnerable’?

Answer 8

the custody officer

Question 9

if an officer (eg inspecting officer) suspects a person is vulnerable - how should they treat them?

Answer 9

person is treated as vulnerable, unless there is clear evidence to the contrary.

Question 10

what relevant information should an officer consider when thinking a person could be vulnerable? (there are 5)

Answer 10

behaviour of person
mental health and capacity
what the person says about themselves
info from police officers, staff and records
info from health and social care

Question 11

what are the 3 options which a person can answer an interview?

Answer 11

1. answer questions
2. no comment interview
3. provide written statement and no comment

Question 12

when can an appropriate adult be delayed? (5 reasons)

Answer 12

1. interference with, or harm to, evidence connected with an offence
2. interference with other persons
3. serious loss or damage to property
4. alerting of others suspsected of having comittied an offence but not yet arrested for it
5. hindering the recovery of property obtained in consequence of the commission of the offence

Question 13

can adverse inferences be drawn from silence?

Answer 13

yes - adverse inferences can

Question 14

why would a person use a written statement?

Answer 14

sometimes used to try and avoid adverse inferences

Question 15

what is a mixed interview?

Answer 15

answering some questions and then no comment to other questions (adverse inferences can be drawn from the no comment questions)

Question 16

what is an argent factor?

Answer 16

no adverse inference should be drawn from silence where the suspect’s condition, such as ill-health (especially mental), confusion, intoxication, or shock gives the lawyer cause for concern.

Question 16

when would you advise a client to do a no comment interview?

Answer 16

little evidence or guilty

Question 17

can a person be convicted on adverse inferences alone?

Answer 17

no - s38 CJPOA 1994

Question 18

when are the 3 times adverse inferences can be drawn? (CJPOA 1994)

Answer 18

• s34 = if a fact is later relied on at trial and it would have been reasonable to have mentioned it now
• s36 = there is a failure to account for a mark, object or substance
• s37 = failure to account for presence at the scene

Question 19

if a fact is later relied on at trial and it would have been reasonable to have mentioned it now = can adverse inference be drawn?

Answer 19

yes = s34 CJPOA 1994

Question 20

failure to account for a mark, object or substance = can adverse inference be drawn?

Answer 20

yes = s36 CJPOA 1994

Question 21

failure to account for presence at the scene - can adverse inference be drawn?

Answer 21

yes = s37 CJPOA 1994

Question 22

if a person is not cautioned can an inference be drawn?

Answer 22

no inference can be drawn to what.a D says if they are not cautioned

Question 23

if a person has no access to legal advice can an inference be drawn?

Answer 23

no inference can be drawn if a person was not allowed access to legal advice.

Question 24

if the police dont know a suspect - what can they do with an eye witness to help jog their memory?

Answer 24

take eye witness to the neighbourhood or place
can be shown photos

Question 25

If the suspect’s identity is known to the police and they are available what are the types of ID procedures which can be used? (there are 3)?

Answer 25

1. Video identification = shown moving images of a known suspect, together with similar images of others who resemble the suspect
2. Identification parade = suspect in a line of others
3. Group identification = sees suspect in an informal group of people

Question 26

how many individuals are shown in the VIPER?

Answer 26

suspect placed amongst at least 8 other individuals

Question 27

when can ID evidence be excluded?

Answer 27

when important safeguards have been flouted, such as the right to a formal ID procedure.

Question 28

what is ‘laying an information’ in regards to starting criminal proceedings?

Answer 28

prosecutor serves information alleging an offence on a magistrates’ court. court will then issue a summons or an arrest warrant requiring the accused to attend.

Question 29

what is the time limit for charging in the crown court?

Answer 29

there is no time limit for charging the accused with any indictable offences

Question 30

what is the time limit for charging in the magistrates court?

Answer 30

within 6 months of the date of the alleged offence

Question 31

can a person be guilty of attempted assault or battery?

Answer 31

no - you cannot attempt these offences

Question 32

when is criminal damage deemed as summary only and when is it an either-way offence?

Answer 32

summary only = if £5,000 or less
either-way = if more than £5,000

Question 33

what category of offence is an attempt of an indictable only offence?

Answer 33

An attempt of an indictable offence will be triable only on indictment

Question 34

If there are multiple offences - how does a court calculate the damage?

Answer 34

multiple offences are added up - court must consider whether they form pat of series of offences

Question 35

what type of offence is low value shoplifting? (less than £200)

Answer 35

summary only offence

Question 36

when does an adverse inference arise for s36 and s37?

Answer 36

inference arises as soon as a person fails to account for the object, substance or mark or their presence.