Role of Solicitor at Police Station

Question 1

What is the primary role of a solicitor at the police station?

Answer 1

To protect and advance the legal rights of the client

Question 2

What is involved a solicitor’s role being an active one?

Answer 2

• they should obtain as much information as possible from the police
• they should advise their client fully and in accordance with professional obligations
• they should advise on issues which arise during police investigations, such as whether to provide samples, extensions of periods of detention, searches of premises and bail

Question 3

Why is it important to maintain a comprehensive contemporaneous record?

Answer 3

As it may be necessary for evidence at subsequent trial concerning disclosure, police conduct or your advice to your client. Clear and detailed notes are vital if your are to give evidence with credibility.

Question 4

Who should not be treated as a vulnerable client?

Answer 4

Generally someone under the influence of drink or drugs

Question 5

What is classed as a vulnerable client?

Answer 5

Anyone who because of a mental health condition or disorder:

• may have difficulty understanding or communicating effectively about the full implications for them or any procedures and processes connected with:

i) their arrest and detention or

ii) their voluntary attendance at a police station; or their presence elsewhere… for the purpose of a voluntary interview and

iii) the exercise of their rights and their entitlements

• does not appear to understand the significance of what they are told, of questions they are asked or their replies
• appears to be particularly prone to:

i) becoming confused and unclear about their position

ii) providing unreliable, misleading or incriminating information without knowing or wishing to do so

iii) accepting or acting on suggestions from other without consciously knowing or wishing to do so

iv) readily agreeing to suggestions or proposals without any protest or question

Question 6

When should the custody officer suspect someone should be treated as vulnerable and treat them as such?

Answer 6

When they have suspicions that a person is vulnerable and there is no evidence to the contrary.

Relevant considerations in assessing if a person is vulnerable:

• the behaviour of the person
• their mental health and capacity
• what the person says about themselves
• information from police officers, staff and records
• information from health and social care and other professionals who know or have had previous contact with the person

Question 7

What should a solicitor do if representing a vulnerable client?

Answer 7

Ensure that:

• an appropriate adult has been appointed
• the custody officer has requested a medical assessment where appropriate
• take as much time as is necessary to take your client’s account and to clearly advise them

Ensure that the client understands:

• your role
• everything that is happening
• what will happen in the interview and how to approach it

Question 8

How might a lawyer break professional conduct rules in taking instructions?

Answer 8

• if they take instructions from a relative or third party who are not properly authorised
• take instructions from two clients where there is a conflict of interest eg they each blame the other

Question 9

What are the three options for a police interview?

Answer 9

• answer questions
• don’t answer questions
• provide a written statement and go no comment

Question 10

When would it be appropriate for a written statement to be used?

Answer 10

Where there are facts which will later be relied on at trial but the lawyer thinks there are reasons why the client should not answer questions

Question 11

Why should a mixed interview not be seen as the best of both worlds and should be avoided at all costs?

Answer 11

• the transcript of the interview will be read in court whereas a no comment interview will not. Will not be a good look
• interviewing officers will use tactics and techniques to push the suspect into talking about matters they had intended not to speak about
• the suspect is likely to become confused as to what they have already said

Question 12

What factors should be considered in deciding if a client should answer questions or not?

Answer 12

• amount of disclosure
• admissibility and strength of evidence
• your client’s account/instructions
• the state of your client
• significant statements
• possible adverse inferences

Question 13

When will the courts be reluctant to draw adverse inferences in relation to disclosure levels?

Answer 13

Where the disclosure was insufficient

Question 14

Why might remaining silent be a good option?

Answer 14

• no risk of the client providing incriminating information
• little risk of an inference being drawn from silence as the matter is unlikely to proceed

Question 15

What two reasons may mean that a client should raise their defence early?

Answer 15

If they do not adverse inferences may be drawn or defence may lose credibility