Police Station Advice Flashcards
(44 cards)
solicitor’s only role in the police station is to
protect and advance the legal rights of their client
Active defence
a solicitor should actively defend and promote their client’s interests
Generally, a person under the influence of drink or drugs should not be treated as
vulnerable
At the beginning of the suspect’s detention, the custody officer will undertake a risk assessment and identify whether the suspect is or might be
vulnerable
a vulnerable suspect will be provided with
access to an appropriate adult
Procedure for formulating advice to suspects
DIVAS -
Disclosure
Inferences
Version of events
Argent factors
Strength of evidence
3 options in the police interview
- Answer questions
- Remain silent (‘no comment’)
- Provide a written statement and ‘no comment’
Whilst a client is entitled to remain silent in an interview, the lawyer must
explain the consequences of any silence, incl the court drawing adverse inferences
A mixed interview
stating ‘no comment’ to some questions and answering others
Why is a mixed interview not a valid option?
Unlike a ‘no comment’ interview, a transcript of a mixed interview is included as evidence, so the jury will hear which questions were answered “no comment”
Argent factors
the court should not draw inferences from silence where the suspect’s condition, such as ill-health (especially mental), confusion, intoxication or shock gives the lawyer cause for concern
S 34 adverse inference
if a fact is later relied on at trial and it would have been reasonable to have mentioned it now
S 36 adverse inference
if there is a failure to account for a mark, object or substance
S 37 adverse inference
if there is a failure to account for presence at the scene
Safeguard in s 38
no defendant may be convicted solely based on an adverse inference
s 34 is primarily directed at
a positive defence following a “no comment” interview (Brizzalari)
If a suspect exercises their right to silence at interview, a court is allowed to
draw inferences at a later trial
the ability to draw inferences under sections 36 and 37 arise
as soon as there is a failure by the defendant to account for their possession of the object in question or presence
Both sections 36 and 37 require the defendant to be given an
‘ordinary language caution’, known as a ‘special warning’
no adverse inference can be drawn where
the suspect has not been allowed access to legal advice
How will a lawyer weigh up the risk of adverse inferences being drawn?
The lawyer will have to balance the likelihood of a trial actually happening against the risk of an inference if it does
Right to silence
suspects are not obliged to answer police questions in interview
Burden of proof in criminal courts
beyond reasonable doubt
ID procedures must be managed by
the identification officer: an officer of inspector or more, who is NOT involved with the investigation
