Police Station Procedures and Client Advice Flashcards
chapter 1 law
What is the custody officer’s role?
●Authorising the suspect’s detention.
●Supervising the suspect’s welfare.
●Creating and maintaining an electronic custody record.
●Informing the suspect of their rights.
What are the rights of a suspect being detained?
●Right to have someone informed of their arrest.
●Right to consult privately with a solicitor.
●Right to consult the Codes of Practice
What are the grounds for detention?
The suspect should be released unless the custody officer has reasonable grounds for believing that detaining the suspect without charge is necessary to:
●Secure or preserve evidence relating to an offense for which they are under arrest.
●Obtain such evidence by questioning.
What is the relevant time for calculating the detention clock?
●Volunteer attending the police station: Time of arrest.
●Suspect on street bail: Time of arrival at the police station.
●Suspect arrested away from the police station: Time of arrival at the first police station.
What are a suspect’s options in an interview?
●Answer all questions.
●Give a “no comment” interview.
●Selective silence.
●Give a “no comment” interview but provide a prepared written statement outlining their defense.
When should an interview cease?
When:
●The investigating officer is satisfied all relevant questions have been asked.
●The investigating officer or custody officer believes there is sufficient evidence for conviction.
What conduct issues can arise at a police station?
●A client admitting guilt but wanting to lie to the police.
●Conflicts of interest, such as representing co-accused with conflicting accounts.
●Disclosing information from one client to another.
What should a solicitor do if they need to withdraw from acting?
●Explain the reasons to the client.
●Inform the client of their right to other legal advice.
●Notify the custody officer without disclosing confidential information.
What is the solicitor’s role at the police station?
To protect and advance the legal rights of their client. This may include advising the client to avoid giving evidence that strengthens the prosecution case
What information should a solicitor gather on arrival at the police station?
Information from the custody officer:
●The alleged offence(s) for which the client has been arrested.
●The time and reason for detention authorisation.
●Any significant comments made by the client.
●Any samples, fingerprints, or footwear impressions taken from the client.
●Details of any identification procedure or interview that has taken place.
●Information about the client’s physical or mental condition, including vulnerability, illness, or substance use.
●Details of any items found during searches.
●Information about detention reviews.
Information from the investigating officer:
●Disclosure (facts of the offence and supporting evidence).
●Any significant statements or silences made by the client prior to arrival.
●The investigating officer’s intended next steps.
What should a solicitor discuss with their client at the police station?
●The solicitor’s identity, role, and duty of confidentiality.
●Details of the alleged offence and relevant substantive law.
●The client’s instructions and version of events.
●The next steps in the investigation.
●Preparing for the interview, including whether to answer questions, how to handle the interview, and the solicitor’s role
When might a solicitor advise a client to give a “no comment” interview?
●When the case against the client is weak, and an admission could provide the police with enough evidence to charge.
●When the police have not provided adequate disclosure.
●When there is a risk of the police “ambushing” the client with undisclosed evidence.
●When the client is unfit for interview due to intoxication, illness, or distress.
●When the client is likely to perform poorly in the interview due to age, immaturity, vulnerability, or inexperience.
●When the case is complex or relates to distant events.
●When the client lacks a viable defense.
●When the client has personal reasons for remaining silent
What should a solicitor do if a client admits guilt but wants to lie in the interview?
●Advise the client that the solicitor cannot represent them if they intend to provide false information.
●Attempt to dissuade the client from lying.
●Decline to act further for the client if they insist on lying
