Advising Clients Procedure At Police Station

Question 1

What is included in right to legal advice?

Answer 1

• person is entitled to independent and free legal advice
• reminded they can have this at any stage
• solicitor must be told of attempt to contact him

Question 2

What is the role of an appropriate adult for a juvenile ?

Answer 2

Should consider whether legal advice from a solicitor is required even if juvenile doesn’t want it.

Question 3

In what scenario can the right to legal advice be delayed ?

Answer 3

May be delayed up to 36 hours if indictable offence, has not been charged and superintendent believes

• harm to evidence
• alert other people
• hinder recovery of property

Question 4

What is involved in the right to have someone informed of the arrest ?

Answer 4

• entitled to it as soon as practicable
• if no one to inform consider volunteer bodies

Question 5

What is the Initial period of detention allowed before a charge ?

Answer 5

24 hours from the relevant time

Question 6

What is the relevant time ?

Answer 6

At the time of arrival at police station

Question 7

When are the periodic reviews of detention by the custody officer ?

Answer 7

• first within 6 hours
• second wishing 9 hours from first review
• third within 9 hours from second review

Question 8

Under what circumstances may an officer of superintendent rank extend detention to 36 hours ?

Answer 8

• to secure evidence
• indictable offence
• investigation diligently

Question 9

What are circumstances an eye witness identification must be held if the suspect disputes being the person the eye-witness claims to have seen on previous occasion ?

Answer 9

• eye witness identified suspect
• eye witness who expresses ability to identify the suspect
• reasonable chance of eye witness identifying suspect

Question 10

What are 4 types of identification ?

Answer 10

• video identification
• identification parade
• group identification
• witness confrontation

Question 11

What is procedure for video identification procedure ?

Answer 11

• Officer of inspector or above not involved in case
• must include 8 other similar people
• suspect must be allowed to see images before shown to witness
• unusual features concealed or replicated

Question 12

What is procedure for identification parade ?

Answer 12

• Inspector or above not involved investigation
• at least 8 others of likeness
• unusual features concealed
• if witness wants them to speak or adopt a pose must state if they can identify them without this

Question 13

When is face time face confrontation used ?

Answer 13

As a last resort in the presence of suspect solicitor

Question 14

What is the right to silence and it’s elements ?

Answer 14

Suspect has right to silence but court may be allowed to draw adverse inferences.

Question 15

Where can adverse inferences be made ?

Answer 15

Only where they have been cautioned

Question 16

Can a client rely on the fact that solicitor advised them to remain silent to avoid adverse influences ?

Answer 16

• yes if reasonably relied on solicitors advice to remain silent
• If suspect used advice to hide fact that they had no defence then they may be drawn

Question 17

When must an interview before charge cease ?

Answer 17

• satisfied all relevant questions have been put to suspect
• has taken into account available evidence
• reasonably believed there is sufficient evidence to provide a realistic prospect of conviction

Question 18

What are the preliminary steps of a police interview ?

Answer 18

• first police caution will be given to the suspect
• second the suspect will then be reminded they are entitled to legal advice
• thirdly put to suspect any significant statements or silence that occurred.

Question 19

When might a solicitor intervene in an interview ?

Answer 19

To seek clarification, challenge and improper question and advise their client not to reply to particular questions.

Question 20

What is the role of an appropriate adult ?

Answer 20

Juvenile mustn’t be interviewed or provide a written statement in absence of appropriate adult

Question 21

Who can’t be an appropriate adult and what is the order they should be contacted ?

Answer 21

Solicitor or police officer cannot be:

• parent
• social worker
• responsible adult not connected to police