Possible Questions On The Exam

Question 1

When a client is drunk and needs 8 hours rest

Answer 1

• CO does risk assessment for risk, harm or illness (make sure its done)
• Client is allowed 8 hours rest but if interrupted by him or rep no need for further rest (para 12.2)
• Client has right to legal advice, can be delayed on indictable as would lead to harm of evidence
• I would request to talk on phone, if denied id go police station and advice him there as police are required to inform client of my presence and allow access if he requests (code c 6.5)

Question 2

When client no longer wants a solicitor, what would you do if interview has already started

Answer 2

• Under C 6.6(d) Detainee can’t be interviewed until min inspector asked why he changed mind, enquire when rep may arrive and recorded on custody record (also tell detainee) and to confirm he wants to carry on without rep
• under code c 6.8 I have right to have client informed of my arrival and recorded on custody record even if client denied advice or is In interview
• would speak to client if he wants to carry on without me
• if denied access to client i would ask suspect to be given performa letter so decision can be made and handed to me.

Question 3

explain attempt robbery to client

Answer 3

• when person steals somthing whilst using force
• stealing is theft (definition)
• dishonesty is determined by what an ordinary person would consider a dishonest act
• attempt is is preparing for the robbery

Question 4

what info to expect when given disclosure

Answer 4

• police don’t need to show disclosure but to give adequate advice i need as much info as possible
• if disclosure is not given i can stop the interview every time new fact comes to light, as this takes too long they will just give it
• i would ask for full case facts i.e: who is complainant? when did it happen? CCTV? statements been made? searched been done? witnesses? did client make any significant statement?

Question 5

police question client for something he hasn’t done

Answer 5

• Code C para 11.1A states suspect can only be questioned on offence he’s detained for
• Your raising an issue outside the scope of this interview
• stop asking questions that shouldn’t be asked at this stage and i remind my client that he doesn’t have to answer
• Unless client wants to speak privately, lets move on

Question 6

What to do with client who has mental health, how to deal with over the phone

Answer 6

• SRA require me to keep affairs confidential, not attempt to deceive knowingly or recklessly mislead the court and not to complicit in another doing so.
• maybe conflict of interest in keeping mental health confidential and not misleading police
• code c para 1.6-7 states if someone is known/suspected mental health, they require appropriate adult
• I’d ask client if i can disclose mental health to police as this may result in client not getting prosecuted or may act as a defence

Question 7

how to respond to issue of appropriate adult (u18)

Answer 7

• Code c 11.15 states a juvenile regarding a criminal matter must not be interviewed without an appropriate adult unless 11.1, 11.10 or 11.20 apply
• client would need a reasonable person over age of 18 (pref relative), this doesn’t include police or rep.
• relate to case

Question 8

you seek disclosure and police say offence was caught on CCTV but don’t have it, they say it’s straightforward and will tell fact in interview

Answer 8

• I understand it may be straightforward but. I have questions so I can take instructions from client and avoid continuously stopping the interview when new facts comes
• why is CCTV not available? been seized? you seen it? when you expect to get it? any statements and what they said
• Thanks for info, anything else I need to know before I advice

Question 9

explain theft to client (unwell client)

Answer 9

• Theft definition
• Prove property taken, check done via CCTV
• get statement from owner to prove it belonged to another
• police say you didn’t give it back showing intention to permanently deprive
• dishonesty is regarded as a dishonest act if reasonably ordinary person thinks so
• if client is unwell then its hard to prove dishonesty and may not realise what they were doing

Question 10

what assistance can appropriate adult give and explain role to them

Answer 10

• must keep confidentiality so speak to client before speaking to adult, if consented then police know about mental health and adult can act
• should be over 18 (code c 1.7b) police/rep cant do this
• “your role is to ensure the client treated fairly throughout detention/interview and communication ineffective so client understands and has opportunity to answer questions”
• “I can speak to cleint confidentially as police ask you what advice is given and if you answer its breach of confidentiality”
• you can view custody record
• duty to consider free legal advice and right to ask on behalf of cleint

Question 11

client ask if he will get bail

Answer 11

• Unless CO has reasonable grounds he will fail to attend or no alternative address in domestic situations he is likely denied bail until court
  -numberoffactorswhenconsideringbail.

Question 12

police choose advice from CPS and may be delay , what reps will you make to CO (vulnerable client)

Answer 12

• not reasonable to hold my cleint as you said there is delay and I don’t see why he’s not given bail and its bad for mental health
• no risk of reoffending, interfere with witnesses or failing to attend bail
• depending on the case not a case of custodial sentence and its unfair to detain client for longer
• you have option of bailing client whilst waiting advice
• ACPO states its not appropriate to keep detainee longer than 3hrs awaiting CPS advice, as you don’t know how longs they ganna be I suggest releasing him

Question 13

client refuses to disclose true identity, give advice if client continues this

Answer 13

• SRA require me to keep affairs confidential, not attempt to deceive knowingly or recklessly mislead the court and not to complicit in another doing so.
• police will find out eventually as fingerprints will tell and unable to verify identity so there is risk of being discovered which will compromise client’s ability to get bail or cred of defence
• I cant also disclose so must tell client cosequences of doing so
• if still refuses I must withdraw without telling why and tell defence solicitors call centre for pro reasons and to refer to duty.

Question 14

(taking motor vehicle without consent) client says owner would have consented but doesn’t know if he should say to prevent them getting in trouble

Answer 14

• a defence is that you had belief that owner would have consented
• to prove offence police would have to show owner didn’t consent i.e statement from owner
• cred would diminish if he said no
• if client had no licence or insurance owner could be changed with this if consented

Question 15

client is charged a day before good Friday (Maundy Thursday) when and how can he make further app for bail

Answer 15

• police have duty to produce detainee next available court date (pace s40(2))
• the next day would be Saturday and law prohibits to be produced on good Friday so cant be challenged on that decision
• I can apply for bail on Saturday

Question 16

how is search lawful and can police rely on what’s found in unlawful search

Answer 16

• Pace S1: Police have power to stop and search for prohibited items
• if you are near a crime scene, police can conduct the search on those reasonable grounds for items relating to the crime
• if police find other illegal items, they cant be ignored and they can rely on them items although the search was illegal

Question 17

what is evidential significance if drugs and money are found on suspect

Answer 17

• s5(3) misuse of drugs act makes illegal for person to possess controlled drugs WITS
• inferences can be made with drugs and money of certain amount if it was for use of WITS
• large amount of cash is not reasonable to carry especially with drugs as its can assume ITS
• Police will question client on why he has both

Question 18

Police have told client he won’t get money back, what action can you take

Answer 18

• Police can seize cash under s294 POCA andhave tomake application to mags to be continued for 90 days more as long as application is made 48 hours after forfeiture of detention
• These are cival and outside police station advice

Question 19

what offence can client be charged with if in possession of drugs and money

Answer 19

• most likley will be PWITS if not then possession of controlled drug
• sentence depends on guilty pleas, earliest plea = 1/3 credit
• starting point is based on character
• client calpuability likely is regarded as significant with amount of cash and money

Question 20

client says money came from drugs before, buyer would not take drugs as thought was fake

Answer 20

• SRA require me to keep affairs confidential, not attempt to deceive knowingly or recklessly mislead the court and not to complicit in another doing so.
• if true that they’re fake then police can’t charge with ITS but may consider attempt
• as pro, not able to allow client to deny or mislead police/court and neither put forward explanation for cash, if he does then I must withdraw from the case
• advice no comment to prevent misleading and doubts about the drugs
• if he does admit offence he is given full credit but no money back

Question 21

option available to Client

Answer 21

• 1st assess weight of eviedence
• remaining silent. pro = protect against self incrimination an not create damaging account. con = adverse inferences can be drawn if you later put forward defence or innocent explanation
• speaking. pro = chance-to tell version at ealisest opportunity to gain credit for early co-op. con = admitting offence and unable to defend case
• prepared statement. pro = allow version with minimal stress and prevent infrences being made.
• conclude by giving client best advice and justify

Question 22

what

Question 23

what info to get on arrival at station from CO

Answer 23

• client personal details and injuries
• time, date and place of arrest
• time of arrive at station
• reason for detention
• what found on cleint
• notes of what has taken place at station
• any significant statements made

Question 24

client asks if he can be forced to provide sample for testing

Answer 24

• Pace s63b allows police to take urine sample from detained to assess if any class A’s in body
• if arrest condition met which that person has been arrested for offence but not charged with trigger offenceor inpector has reasonable grounds for sus of class A
• if client fails to provide, this is criminal offence

Question 25

client asks if they can lawfully do drugs test and if can refuse to provide sample

Answer 25

• Pace s63b sates that person under detention has to provide urine or non intimate sample for purpose if cleint has class A in body
• if client fails to give sample he commits a criminal offence which is punishable for 3m or fine

Question 26

if client give sample and test +, what problem will this have on bail

Answer 26

• this evidence may lead to refusal of bail by CO as he belives he may re offend
• will be a bail condition of attending a drug rehab centre under s9 drugs act
• failure to attend/participate = refusal of bail

Question 27

what offences arise from using fake passport

Answer 27

• immigration act s24a: person who is not British is guilty if he uses deception to (a) seek to enter/remain in UK or (b) seeks to avoid the revocation of enforcement action upon him.
• Forgery and counterfeiting act: its a offence to use instrument which he knows is false with intention of deceiving someone to accept it as real and by reason of so accepting it to do or not do act of his own or others prejudice.

Question 28

Would IO have power to detain client, if so for what purpose

Answer 28

• detention may be under immigration act and not pace
• dentetion can be authorised if person is illegal entrant or suspected to be
• home office guidelines confirm that detention is appropriate in order to effect removal

Question 29

what matter would you consider on 1st meeting client

Answer 29

• if client has been drinking or violent, you would ask (a) if he had any injuries, (b)has medical examiner been called, (c) if he his fit for interview

Question 30

how long can police keep him detained at police station

Answer 30

• under Pace s41-42 the initial time a person can be kept is 24 hours from arrest
• possible further 12 hours by an officer of at least super intendant
• only necessary to secure/preserve evidence relating to offence which he is arrested for and to obtain evidence by questioning
• detention must be authorised by court
• relate to case