Tactics Flashcards
(9 cards)
explain the right to silence
individuals have the right to remain silent during interviews and at trial however inferences can be drawn from this
what are possible interview tactics?
- answer all Qs
- no comment interview
- selective silence
what are the advantages of answering all questions? (4)
o D can put forward own version of events (necessary to raise certain defences i.e. alibi / self-defence)
o Strong defence may dissuade police from charging
o Promotes credibility
o Can be used as mitigation
what are the risks of answering all questions? (2)
o Risk of self-incrimination or D attacks another’s character
o Not advised if police have shared insufficient information
when is a no comment interview advisable? (8)
o Police have provided insufficient disclosure
o Suspected ambush by police
o Client unfit (i.e. mentally/intoxicated) or may perform badly (i.e. age/vulnerable)
o Client admitted guilt (solicitor is not breach PC rule so long as client gives no comment - they are not lying)
o Case / facts are old or complex
o S does not have a viable case or defence
o Personal reasons i.e. extreme embarrassment
o If police case is weak then no risk of giving sufficient evidence to charge
what must the solicitor explain when advising a no comment interview? (1)
inferences may be drawn
if a no comment interview is being advised, what might be appropriate?
preparing a written statement
what is included in a written statement? When can it be given to police and what effect does this have?
the statement includes facts S will rely on & answers to suspected Qs.
can be given to police before/after interview or may be kept on solicitor file
if the statement is given before/after the interview, it prevents inferences from being drawn.
If the statement is disclosed after charge, the court cannot draw inferences that the defence was fabricated, but can draw others (i.e. not confident in defence)
explain selective silence
rarely advised as doesn’t look good at trial
inferences can be drawn
