Workshop 2: Police Station Advice Flashcards
**Topic: Prelimiaries to Prosecution** - Role of the solicitor at a police station - Formulating advice to suspects - Inferences - overview - Visual identification – investigative stage - Commencing proceedings
When are people to be cautioned?
- Before asked questions if they’re suspected to have been involved in the commission of an offence
- Recommencement of an interview after a break
What are the exceptions to the absence of a general ‘right to disclosure’?
- Significant statement
- Custody record
What does PAC COP 11.1A state regarding the extent of information a solicitor must be given before an interview?
‘Sufficient information’
To enable them to understand nature of any such offence and why the client are suspected of committing it
What are the competing interests between the defence solicitor and the police at the interview stage?
Defence solicitor - wants as much information possible to give advice in best interest of client, assessing nature and quality of evidence against client
Police - wants to hold back as much as possible so they can obtain an untainted account from defendant
What is the rule of disclosure governing ‘significant statements’ made by person being interviewed?
After the caution at the beginning of interview, significant statements must be put to the person being interviewed in presence of police officer/member of police staff
