Role of the Solicitor at a Police Station Flashcards
1
Q
What is the solicitor’s role at the police station?
A
- The solicitor’s role is active, not passive.
- They should not simply sit by and take notes.
2
Q
What should an active defence include?
A
- Obtaining as much information from the police as possible
- Fully advising the client
- Advising on technical issues during the investigation
- Attending and advising during the interview
3
Q
What are the practical aspects of an active defence?
A
- Maintain comprehensive notes (as they may be used in court)
- Be familiar with PACE
- Avoid confrontation with officers
- If an interviewing officer makes a reasonable request, ask the custody officer to record it
- Take your time; do not be rushed
4
Q
Who is and who is not considered a vulnerable suspect?
A
- A person under the influence of drink or drugs is not automatically vulnerable
- A person is vulnerable if, due to a mental disorder or difficulty understanding/communicating, they:
o Do not understand the significance of what is happening
o Are prone to confusion
o May provide unreliable, misleading, or self-incriminating information without realising it
o May accept or act on suggestions without being fully aware
o May agree to things without protest
5
Q
How does the custody officer assess vulnerability?
A
- The custody officer will conduct a risk assessment
- If the suspect is vulnerable, an appropriate adult will be appointed
6
Q
What should happen if an officer suspects a detainee is vulnerable?
A
- If there is any suspicion of vulnerability, they must be treated as vulnerable unless there is evidence to the contrary
7
Q
What should a solicitor do when representing a vulnerable client?
A
- Ensure an appropriate adult is present
- Ensure the custody officer has requested a medical assessment if needed
- Take time to explain everything carefully
- Ensure the client understands:
o The solicitor’s role
o What is happening
o What will happen during the interview
o What will happen after the interview
