The Role of the Solicitor at the Police Station Flashcards
- What is the primary role of a solicitor at the police station?
A. To assist the police in obtaining evidence
B. To ensure the suspect pleads guilty if the evidence is strong
C. To remain passive and only take notes
D. To protect and advance the legal rights of their client
D. To protect and advance the legal rights of their client
Explanation:
Under PACE Code of Practice C (COP C) paragraph 6D, a solicitor’s role is to protect and advance their client’s legal rights. This includes giving legal advice, ensuring fair treatment, and intervening when necessary.
When should a solicitor intervene during a police interview?
A. Only if the client requests it
B. If an improper or misleading question is asked
C. Never, as their role is only to observe
D. Only if the interview is being recorded
B. If an improper or misleading question is asked
Explanation:
A solicitor may intervene to challenge an improper question, seek clarification, or advise the client not to answer certain questions if they believe it may harm the client’s legal position.
What is the meaning of “active defence” in police station representation?
A. The solicitor should always argue aggressively against police questioning
B. The solicitor must take a passive role and only take notes
C. The solicitor should engage fully, obtaining police disclosure and advising the client
D. The solicitor should delay proceedings as much as possible
C. The solicitor should engage fully, obtaining police disclosure and advising the client
Explanation:
An active defence means the solicitor takes an involved role, including obtaining information from police, advising on detention issues, and intervening in interviews when necessary.
Under PACE, when should a suspect be treated as “vulnerable”?
A. If they are under the influence of alcohol
B. If they are under 18
C. If they have a mental disorder affecting their understanding
D. If they appear nervous
C. If they have a mental disorder affecting their understanding
Explanation:
Under COP C 1.13(d) and Annex E, a suspect is considered vulnerable if they cannot fully understand the implications of their detention, interview, or rights due to a mental health condition or disorder.
A client is arrested and appears confused. The solicitor suspects they may have an undiagnosed mental health condition. What should the solicitor do?
A. Continue with the interview as normal
B. Inform the police and request a medical assessment
C. Ignore it unless the client requests assistance
D. Refuse to provide legal representation
B. Inform the police and request a medical assessment
Explanation:
If a solicitor suspects a client is vulnerable, they must inform the custody officer, request a medical assessment, and ensure an appropriate adult is present before an interview.
A police officer begins asking a vulnerable suspect leading questions during an interview. What should the solicitor do?
A. Do nothing, as it is up to the suspect to challenge the questions
B. Take notes but remain silent
C. Intervene to challenge the questioning
D. Advise the client to leave the interview
C. Intervene to challenge the questioning
Explanation:
Solicitors must ensure that interviews are fair and must intervene if questioning is unfair, leading, or oppressive, particularly for vulnerable clients.
A 17-year-old is arrested and requests their parent to act as their appropriate adult. When is this NOT permitted?
A. If the parent has a low IQ
B. If the parent is estranged and the child objects
C. If the parent has a criminal record
D. If the parent is not fluent in English
B. If the parent is estranged and the child objects
Explanation:
Under COP C Annex E, an estranged parent cannot act as an appropriate adult if the child objects. The role should be filled by another guardian, relative, or trained professional.
In what situation can a vulnerable suspect be interviewed without an appropriate adult?
A. Never, it is always required
B. If a solicitor is present
C. If delaying the interview would cause serious harm or evidence loss
D. If the suspect refuses an appropriate adult
C. If delaying the interview would cause serious harm or evidence loss
Explanation:
Under COP C 11.18–11.20, a vulnerable suspect may be interviewed without an appropriate adult if delaying would lead to harm, evidence loss, or alerting other suspects. This must be approved by a superintendent.
A suspect refuses legal representation, believing it will make them “look guilty.” What should a solicitor do?
A. Insist on representing them
B. Respect their choice but explain the benefits of legal advice
C. Leave the police station
D. Tell the police the suspect is making a mistake
B. Respect their choice but explain the benefits of legal advice
Explanation:
Under PACE, a suspect can refuse legal representation, but a solicitor should explain the importance of legal advice and ensure the client understands their rights.
A solicitor notices that a police officer is not recording their client’s injuries in the custody record. What should the solicitor do?
A. Do nothing, as it is not their responsibility
B. Demand that the officer record the injuries
C. Speak to the custody officer and request a formal record
D. Wait until trial to bring it up
C. Speak to the custody officer and request a formal record
Explanation:
A solicitor must ensure proper documentation. Under PACE, the solicitor should ask the custody officer to record the injuries and, if refused, note it for potential legal action.
During an interview, the police try to intimidate a suspect into confessing. What should the solicitor do?
A. Immediately terminate the interview
B. Allow the suspect to answer but challenge any unfair questions
C. Record the intimidation and challenge it formally
D. Advise the client to confess to avoid pressure
C. Record the intimidation and challenge it formally
Explanation:
Solicitors must challenge oppressive behavior, ensure it is documented, and intervene if necessary. If needed, they can escalate concerns to the custody officer.
