Police Station - Advising a client Flashcards
What must a defence solicitor do before a suspect is interviewed?
Before a suspect is interviewed…. Solicitor should:
1) Consult privately with the suspect;
2) Review the custody record and speak with the custody officer;
3) Assess evidence;
4) Take instructions;
5) Then advise the suspect primarily on whether they should answer police questions
What will the solicitor’s advice likely include?
Solicitor’s advice may include advising client to remain silent, answer questions or make a prepared statement to give to the police
Starting point for solicitor’s advice: It is for the prosecution to prove that someone is guilty of an offence, not for a defendant to prove their innocence
Client must advise their client as to:
- The right to silence;
- Potential adverse inferences that may be drawn from silence
What are the advantages to answering police questions?
Advantage to answering police questions:
Will allow client to set the record straight and put their case forward clearly
What are the disadvantages to answering police questions?
Disadvantage to answering police questions:
Suspect may say something incriminating or undermine their own credibility
How will the solicitor decide what the client should do in the interview?
Solicitor must weigh up a number of factors to determine whether it is appropriate for client to answer police questions or whether they should remain silent.
Explain the likely advice for Scenario A: case is weak and there is insufficient evidence to prove allegation
‘No comment’ interview may be appropriate here to avoid risk of client revealing any incriminating information - will often involve police choosing not to pursue matter further (if their evidence is weak)
Explain the likely advice for Scenario B: inadequate police disclosure to solicitor
‘No comment’ interview given may be appropriate given the fact that the solicitor has been unable to form a proper view of the strength of the police’s case
Explain the likely advice for Scenario C: client will likely perform poorly in interview
Client may be deemed by their solicitor as likely to perform badly in an interview. The client’s age, lack of maturity or vulnerability may mean that answering police questions will be detrimental to them
What is a police interview?
Police interview: Defined in PACE 1984 Code C as ‘questioning’ of a person regarding their involvement or suspected involvement in a criminal offence, which must be carried out under caution
How are police interviews conducted?
How interviews are conducted (PACE 1984 Code C):
- Reminder of the right to legal advice. Any violation of a suspect’s right to legal advice may lead to evidence being excluded
- Commencement of interview and caution
- Significant statement or silence put to the suspect
- Breaks from interview as appropriate
- Cessation of interviews: Interview should cease when officer responsible for conducting the investigation is satisfied that all relevant questions have been put to the suspect
What is the nature of police questioning?
Nature of police questioning: No officer must -
- Attempt to obtain answers through oppression
- Indicate what action the police will take in the event of a suspect refusing to answer a question or make a prepared statement, unless the suspect directly asks such as question
How can a solicitor demonstrate their ethical duty to a client?
Defence solicitor’s ethical duty: To represent the best interests of their client. Active role. They can -
- Request that the police disclose evidence mentioned in interview
- Challenge an improper question, or the manner in which the question is put
- Advise their client not to answer a question
How should the solicitor prepare the client for interview?
Solicitor preparing client for interview (explanation to client):
- How the interview will be conducted (use of audible recordings and general structure)
- Seating arrangements (solicitor will sit beside client at the table, whilst interviewing officer will sit facing client and solicitor)
- Interview can be stopped by client or solicitor if further legal advice is required
- Solicitor will intervene where necessary to protect client’s interests
Police will use tactics to get client to talk and, as a result, they should remain calm - If client has chosen to remain silent, they should use the phrase ‘no comment’ in response to police questions
How should the solicitor conduct themselves in an interview?
Solicitor should make an opening statement at the start of every interview explaining their role and involvement
Solicitor must not conduct themselves in an interview in a way that prevents the proper putting of questions to a suspect, e.g:
- Answering questions on a client’s behalf;
- Providing written replies for a client to quote
If the solicitor is told to leave on the grounds of them impeding the interview being carried out, the suspect must be provided with an opportunity to consult another solicitor before the interview continues
When must an appropriate adult be sought?
Juveniles (persons under 18) and vulnerable persons must not be interviewed in the absence of an appropriate adult.
An appropriate adult is an individual who generally must be present to safeguard the rights, welfare and entitlement of juveniles or vulnerable persons
Explain the role of an appropriate adult and their typical responsibilities
Role of the appropriate adult:
- Support, advise and assist the juvenile or vulnerable person when they are required to provide information or participate in a procedure
- Observe whether the police are acting properly and fairly, and to inform an officer of the rank of inspector if they are not
- Assist detainees to communicate with the police whilst respecting their right not to say anything unless they want to
- Help them to understand their rights and ensure that those rights are protected and respected
