W2 Flashcards
What is the role of a solicitor at a police station?
The role of a solicitor at a police station is to actively protect and advance the legal rights and interests of their client. This includes advising their client, intervening to seek clarification of questions or challenge improper questions, and ensuring the tone of questions is appropriate. The solicitor’s role is set out in the Police and Criminal Evidence Act (PACE) 1984 Code of Practice (COP) C.
What additional steps must solicitors take when representing vulnerable suspects at the police station?
When representing vulnerable suspects at the police station, solicitors must take additional steps such as providing slower and clearer explanations, taking breaks during the interview, and ensuring the tone of questions is appropriate. The solicitor’s role is to protect and advance the legal rights of their client, especially when the client is vulnerable.
What is meant by ‘active defense’ in the context of a solicitor’s role?
Active defense refers to a solicitor actively defending and promoting their client’s interests. This includes obtaining as much information from the police as possible, advising the client fully, and attending and advising during the interview. A solicitor’s role is not passive; they should actively protect and advance their client’s legal rights.
What practical aspects should a solicitor consider when practicing active defense?
Practical aspects of active defense include being familiar with the Police and Criminal Evidence Act (PACE) and the Codes of Practice, avoiding confrontation with officers and instead making notes of apparent breaches of PACE or the Code of Practice, and taking comprehensive contemporaneous notes to ensure credibility when giving evidence. These aspects contribute to effective active defense at the police station.
How should a solicitor approach representing a vulnerable client at the police station?
When dealing with a vulnerable client, a solicitor should be even more conscious of their role and responsibilities. They should ensure that an appropriate adult has been appointed, take as much time as necessary to take the client’s account and provide clear advice, and be mindful of the language and tone used by officers. The solicitor’s role is to support, advise, and assist the vulnerable client while protecting their rights.
Who can act as an appropriate adult for a vulnerable suspect?
An appropriate adult for a vulnerable suspect can be a parent, guardian, relative, or someone with experience in dealing with such persons. The appropriate adult’s role is to ensure that the detained person understands what is happening, support and assist them, observe the fairness of police actions, facilitate communication, and protect their rights. A solicitor attending the police station for the suspect cannot act as an appropriate adult.
Under what circumstances can a vulnerable person be interviewed without an appropriate adult?
Generally, a vulnerable person must not be interviewed or asked to provide or sign a written statement in the absence of an appropriate adult. However, an urgent interview can take place if a superintendent or above is satisfied that it would not significantly harm the person’s physical or mental state and delay would lead to interference with evidence, harm to others, loss of property, or hindering recovery of property obtained through an offense.
What factors should a solicitor consider when formulating advice to a suspect prior to a police interview?
When formulating advice to a suspect prior to a police interview, a solicitor should consider the amount of disclosure, the admissibility and strength of evidence, the client’s account and instructions, the client’s state, and any significant statements made. The solicitor should also assess the risks and consequences of answering questions or remaining silent.
What are the options available to a suspect during a police interview?
During a police interview, a suspect has three options: answering questions, going ‘no comment,’ or providing a written statement and then going ‘no comment.’ It is important for the solicitor to explain the consequences of each option and help the client make an informed decision based on the circumstances and risks involved.
What is the purpose of handing in a prepared written statement during a police interview?
Handing in a prepared written statement at the beginning of a police interview is a strategy sometimes used to avoid adverse inferences. The statement sets out the defense and can be helpful when there are facts that will be relied upon later but the client should not participate in answering questions. However, it is important to ensure that all relevant information is included in the statement to avoid adverse inferences.
Why should a mixed interview (answering some questions and not others) be avoided?
A mixed interview, where a suspect answers some questions and goes ‘no comment’ to others, should be avoided. The transcript of the interview will be read in court, and a ‘no comment’ interview is not read as evidence. A mixed interview can create a negative impression on the jury and may not be a valid option during the interview.
What should a solicitor consider when formulating advice to a suspect prior to a police interview?
When formulating advice to a suspect prior to a police interview, a solicitor should explain the allegations against the client, allow the client to provide a full account of their version of events, and consider factors such as the client’s involvement, legal defenses, and potential adverse inferences. The solicitor should also assess the client’s fitness to be interviewed and provide advice on the legal position and available options.
What should a solicitor do during the consultation with a client at the police station?
During the consultation with a client at the police station, a solicitor should be supportive, explain their role, assess the client’s fitness to be interviewed, provide advice on the legal position, explain the available options, and ensure the client understands what will happen in the interview and how to approach it. The solicitor should also consider any necessary advice on samples and maintain confidentiality during the consultation.
What should a solicitor do when taking the client’s account prior to a police interview?
When taking the client’s account prior to a police interview, a solicitor should explain the allegations against the client and allow them to provide a full account of their version of events. The solicitor should inquire about the client’s acceptance of involvement, legal defenses, and any significant statements. This information will help the solicitor formulate appropriate advice for the upcoming interview.
What tactics and techniques do interviewing officers use to elicit information from suspects?
Interviewing officers use tactics and techniques to push the suspect into talking about matters they had intended not to speak about. This can lead to confusion on the part of the suspect.
When deciding whether a client should answer questions during an interview, what factors should be considered?
When deciding whether a client should answer questions during an interview, factors such as the amount of disclosure, admissibility and strength of evidence, the client’s account/instructions, the state of the client, significant statements, and possible adverse inferences should be carefully considered.
What is the significance of the amount of disclosure in advising a client to answer questions?
Prior to an interview, a solicitor must be given sufficient information to understand the nature of the offense and why their client is suspected of committing it. If the police disclose little or nothing of the case against the suspect, it may be a good reason for the solicitor to advise the suspect to remain silent.
How does the admissibility of evidence affect the decision to answer questions?
The admissibility of evidence must be considered when weighing the strength of the evidence. Factors such as whether witnesses have provided written statements and whether significant statements or confessions were unlawfully obtained can impact the decision to answer questions.
What are the risks and benefits of remaining silent during an interview?
Remaining silent can be a good option if there is little evidence to suggest the client’s involvement and if there is little risk of an adverse inference being drawn. However, it is important to consider that further evidence could become available in the future, and remaining silent in this interview could then be relevant.
Why should the client’s account and instructions be carefully considered when deciding whether to answer questions?
If the client has a defense, the risks of not putting it forward in the interview must be carefully considered. Waiting until trial to put forward a defense can result in adverse inferences and loss of credibility. Therefore, there are advantages to putting forward the defense at the early stage of the interview.
How does the state of the client affect the decision to answer questions?
The lawyer needs to assess whether the client’s condition, such as ill-health, confusion, intoxication, or shock, gives cause for concern. The court should not draw inferences from silence if the suspect’s condition raises concerns about their ability to handle the interview.
What are significant statements and how do they impact the decision to answer questions?
Significant statements are statements capable of being used in evidence against the suspect. At the beginning of the interview, the interviewing officer will put any significant statement or silence to the suspect, and the suspect will be asked to confirm or deny that earlier statement. The presence of significant statements can influence the decision to answer questions.
