Q&A

Question 1

when can I intervene in an interview

Answer 1

• when the officers behaviour is inappropriate
• when the officers questioning is inappropriate
• it is necessary to provide my client with further legal advice

Question 2

examples of inappropriate behaviour by an officer

Answer 2

• An officer giving his own opinion on issues raised during the interview – should object as this is inadmissible.
• An officer making an assertion during the course of an interview- should point this out and ask the officer to disclose the evidence upon which such an assertion is made
• An officer may attempt to misrepresent the law or facts or inaccurately summarise what has been said
• Officer may allude to or produce undisclosed evidence- should obtain disclosure of evidence and get clients instructions
• Intervene if the officers behaviour could be said to be oppressive

Question 3

inappropriate questioning examples

Answer 3

• Irrelevant questions- questions that are about matters that the client is not under arrest for
• Closed or leading questions- especially when the client is young, vulnerable or easily led
• Officer making statements
• Officer asking client to speculate
• Multiple or marathon questions- ask officer to slow down and ask one question at a time

Question 4

when I might need to give my client legal advice

Answer 4

• Client decides to answer questions in a no comment interview
• client starts to behave inappropriately- may lead to bad character assessment or impact bail decisions

Question 5

You receive a phone call from a mother asking you to attend upon her son at the police station- told to assume probationary rep

Answer 5

• I cannot accept a duty solicitor case
• or cases involving an indictable only offence

Question 6

You receive a phone call from a mother asking you to attend upon her son at the police station

Answer 6

• acquire info
• full details of mum
• contact number
• full details of son (DOB)
• circs son was taken to police station
• which police station taken to
• how long been there
• has she been asked to be an appropriate adult
• is she involved in the case at all
• is she going to go
• is anyone else going to be there from the family

Question 7

You receive a phone call from the call centre asking you to attend upon an own client

Answer 7

• Acquire information
• Hello, yes my name is Alice Davis and my pin number is ……. And I am able to accept the call, can you tell me
• The name of my client
• Which police station they are detained at
• When they arrived there
• What the alleged offence is
• Whether they have been given advice by CSD direct
• Whether there are any other case notes
• Your reference number
• Thank you

Question 8

you receive a phone call from a police officer asking you to attend upon an own client

Answer 8

• Who is under arrest
• For what reason
• Where arrested
• How long been at police station
• Are they ok
• Have they had to see the doctor
• Who is the officer dealing with the case
• When is the interview
• Anyone else been arrested

Question 9

You are now making that initial call to the police station- what are you going to say?

Answer 9

• Hello im alice davis and I have been told by the DSCC that ____ has been detained at your police station and has requested advice from my firm. Can you provide me with the following details pls
• My clients full name, date of birth and address
• Does he have any illnesses or difficulties I should be aware of
• Where and when was he arrested
• What was the offence and do you know the circs of the allegation
• What time did he arrive with you
• Why has he been detained
• Have any searches or the taking of any samples been authorised
• What are your intentions and if he is to be interviewed are you ready
• Can I speak to my client on the telephone pls
• Shouldn’t agree to attend at this stage as I don’t have sufficient info to agree a time of attendance and wouldn’t know whether such an attendance could be justified

Question 10

Code C6.5A

Answer 10

• appropriate adult can ask for legal advice

Question 11

Code C6.15

Answer 11

• When I’m at the police station, the officers have to inform my client that im there
• need to be informed if a superintendent has given an authorisation that prevents my client accessing legal advice

Question 12

Your initial phone call with client at the police station- what are you going to say?

Answer 12

• Warn them not to talk about the matter over the phone because I can’t guarantee the security of the line
• Advise not to say anything to the police or anyone else in the police station about the matter, not to sign any documents or notebooks
• Reassure that signing the custody record already is fine
• Do not provide intimate samples without me having seen him face to face
• Reiterate this with the custody sergeant

Question 13

You attend the police station with your client as a volunteer- the officer wants to arrest him

Answer 13

• Is it necessary to arrest them
• Pace s24- circs in which an arrest might be necessary
• Code G codes of practice- when necessary
• Try to avoid them getting arrested- will go on criminal record etc- will be problematic
• Ask officer for circs as to why they think it is necessary

Question 14

attend the police station but denied access to custody record

Answer 14

this is one of my few rights as a police station advisor

Question 15

app adult with my client at the police station

Answer 15

• describe role of app adult
• Ask them to leave whilst I take my clients instructions in private- duty of legal professional privilege
• Don’t have the app adult with me whilst taking instructions if I can help it- they have no privilege

Question 16

you think your client is vulnerable and needs an AA- police think otherwise

Answer 16

• codes of practice
• if they’ve been told in good faith that client is suffering from a mental disability they should be treated as vulnerable unless and until the contrary view is given to them

Question 17

officer discloses very little info to you prior to the interview

Answer 17

• Would like full disclosure at this stage
• Consequence of non disclosure will be that I will stop the interview each time a new fact or suspect is mentioned so that I can take my clients instructions
• This is likely to delay matters

Question 18

police produce a new piece of evidence in the interview of which you know nothing

Answer 18

• Intervene
• Stop the interview and ask to speak to my client privately
• Ask the officer whether there are any other facts he has not yet disclosed to me at this stage and remind him I will stop the interview each time a new fact is introduced

Question 19

police want to talk about bad character in the interview

Answer 19

• Officer the purpose of an interview is to enable you to question my client about his suspected involvement in a criminal offence. Your question is not designed to question my client about such matters and therefore is not a question that should have been asked. My client need not answer it.
• Adrian do you understand that or would you like to discuss what I have just said with me privately before you decide whether or not to answer that question?”

Question 20

client provides name and address and then is mute- officers aren’t happy

Answer 20

“I remind you officer that when you cautioned my client you told him that “you do not have to say anything” as part of the caution. There is no obligation that requires my client to say anything at all including “no comment”. Neither is there any obligation that requires my client to look at you or anything else. Please can you move on”.

Question 21

the officers ask you to confirm that you have explained the caution to him in your consultation

Answer 21

• Must not say that I advised my client about the caution in consultation as that breaches confidentiality
• Officer should explain the caution in 3 parts—do not have to say anything, but it may harm your defence if you do not mention something when questioned that you later rely on in court, anything you do say may be given in evidence

Question 22

the officers ask you to confirm that you have advised him to be mute

Answer 22

• that would breach confidentiality so no

Question 23

The CO says the matter will go to the CPS- client to be put in a rest period for 8 hours

Answer 23

“It is unacceptable to detain my client in custody for a further 8 hours officer. When my client was detained that was because the police wished to obtain evidence by questioning. That questioning has now ceased as have your reasons for detaining him other than to charge him. Code C1.1 requires you to deal with my client expeditiously. Code C16.18 requires advice to be sought from the CPS as “soon as reasonably practicable”. If you intended to keep my client in custody for that decision you should not have released the investigating officer to other duties. If a delay is now inevitable I require that you bail my client for as long as is necessary to obtain that advice. If you do not do that it is my view my client’s further detention will be unlawful”.

Question 24

after the interview the client is charged and bail is an issue

Answer 24

• Suggest client be bailed pending interview of others and obtaining advice- COP Code C16.1B
• Make representations as to bail: – grounds for withholding bail, had opp to conduct searches and secure evidence by now
• Consider imposition of conditions of bail under s47(7)(a) PACE 1984

Question 25

ABH

Answer 25

• elements
• an act// apprehension by another person// immediate// unlawful personal violence// occasioning ABH (any hurt or injury that interferes with the health or comfort of the victim)
• defences
• self defence (need reasonable and necessary force) // consent

Question 26

possession with intent

Answer 26

• elements
• possession// drugs are controlled// intended to supply the drugs to another
• defences
• lack of knowledge

Question 27

handling stolen goods

Answer 27

• elements
• property must be stolen goods// must handle them in a specified way (receiving/ arranging to recieve/ retention/ removal/ disposal/ realisation for the benefit of another)// must be otherwise in the course of stealing
• defences
• no knowledge that the goods are stolen// no dishonesty

Question 28

twoc

Answer 28

• elements
• taking// vehicle// without consent of owner- either driven the vehicle or been passenger
• defence
• belief of consent

Question 29

theft

Answer 29

• elements
• unlawful// appropriation// of property// belonging to another
• defences
• no intent to steal// belief in consent// or the owner cannot be discovered by taking reasonable steps

Question 30

affray

Answer 30

• elements
• intentionally// uses or threatens unlawful violence towards another or is aware their conduct may be violent or threatening towards another// a person of reasonable firmness would fear for their safety// intentional or reckless
  -defences
• self defence// in defence of another

Question 31

criminal damage

Answer 31

• elements
• damage// occurred to property// belonging to another// without lawful excuse
• defences
• belief in consent// self-defence// protection of other property

Question 32

robbery

Answer 32

• elements
• theft- unlawful appropriation// of property// belonging to another
• use of force or threat of force// immediately before or at the time of stealing// in order to steal
• defences
• duress

Question 33

burglary

Answer 33

• elements
• enters a building or part of a building as a trespasser// intending to steal/inflict GBH/ unlawful damage to building or anything therein
• defences
• belief of consent// no intent to steal/ GBH

Question 34

various options available to the police

Answer 34

• charged
• charged and bail withheld or bail granted
• bail with conditions or without conditions
• NFA
• Caution