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(2) Police station advice - Coggle Diagram
(2) Police station advice
Overviews and preliminaries to prosecution (3)
Role of the solicitor at a police station
Police and Criminal Evidence Act (PACE) 1984 COP C Notes for Guidance para 6D:
The solicitor's only role in the police station is to protect and advance the legal rights of their client. On occasions this may require the solicitor to give advice which as the effect of the client avoiding giving evidence which strengthens a prosecution case. The solicitor may intervene in order to seek clarification, challenge an improper question to their client or the manner in which it is to put, advise their client not to reply to particular questions, or if they wish to give their client further legal advice
Active defence:
A solicitor should actively defend and promote their client's interest
A solicitor role is not:
a passive one; nor
to sit by and take notes
Active should include:
Obtaining as much information from the police as is possible
Advise client fully and in accordance with your professional obligations
Advise issues arising during the police investigation e.g provide samples, extensions of periods of detentions, search premise for bail
Attending and advising during the interview
Practical aspects of active defence:
Take notes:
It's vital to maintain a comprehensive contemporaneous record
You may have to give evidence at a subsequent tiral concerning disclosure, police conduct or your advice to your client. Clear and detailed notes are vital if you are to give evidence with credibility
Taking notes on the go is not always easy, but an important aspect of police station practice
Be familiar with both PACE and Codes of Practice
Avoid confrontation with officers, instead make notes of apparent breaches of PACE and/or the COP
When interviewing officers have refused a reasonable request, speak to the custody officer and ask them to make a note in the custody record
Don't be rushed, take as much time as you need to properly advise client
Vulnerable suspects:
In general terms, a solicitor must be conscious of their role and responsibilities when dealing with a vulnerable client
Who is not a 'vulnerable' client?
A person under influence of drink/drugs should not be treated as vulnerable
COP C Annex E
summarises of provisions relating to vulnerable persons:
When a suspect should be treated as vulnerable
Appointment of an appropriate adult and their role
Duties of the custody officer with regard to vulnerable suspect
When the vulnerable suspect can (and cannot) be interviewed
COP C1.13(d) states that "vulnerable" applies to any person who, because of a mental health condition/mental disorder:
(i) may have difficulty understanding/communicating effectively about the full implications for them of any procedures and processes connected with:
their arrest and detention; or (as the case may be)
their voluntary attendance at a police station; or their presence elsewhere... for the purpose of a voluntary interview; and
the exercise of their rights and entitlements
(ii) does not appear to understand the significance of what they are told, of questions they are asked or of their replies;
(iii) appears to be particularly prone to;
becoming confused and unclear about their position;
providing unreliable, misleading or incriminating information without knowing or wishing to do so; or
readily agreeing to suggestions/proposals without any protest or question
When a suspect should 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'
If so, the vulnerable suspect will be provided with access to an appropriate adult
The custody officer must inform the appropriate adult of the ground for detention, where the suspect is being detained and ensure the appropriate adult attends the police station ASAP
Suspecting a person is vulnerable:
COP C Annex E
states that if any time an officer (e.g investigating officer) suspects that a person is vulnerable then the person will be treated as vulnerable
The officer must then make reasonable enquiries to ascertain whether the person falls within the definition of vulnerable and record that information
The notes for guidance state that relevant info might include:
behavior of the person
mental health and capacity
whether the person says about themselves
info from police officers, staff and records
info about health and social welfare and other professionals who know/have had previous contact with the person
The role of the appropriate adult:
If a person is vulnerable, an appropriate adult should be appointed and their role is to:
ensure that the detained person understands what is happening and why
support, advise and assist the detained person
observe whether the police are acting properly and fairly and to intervene if they are not
assist with communication between the detained person and the police; and
ensure that the detained person understands their rights and that those rights are protected and respected
An appropriate adult can request a solicitor on behalf of the person detained, though the person detained does not have to see the solicitor if they don't want to. A vulnerable suspect can consult privately with a solicitor in the absence of the appropriate adult if they wish
Who cannot act as an appropriate adult?
A solicitor attending the police station for the suspect
A person under 18 years old
A police officer/police employee
A person:
suspected of involvement in the offence;
the victim of or a witness to the offence
involved in the investigation
who has received admissions from the person detained before acting as an appropriate adult
of low IQ and unable to appreciate the gravity of the situation; or an estranged parent that an arrested youth specifically objects to
Who can act as an appropriate adult
in the case of vulnerable suspect, the appropriate adult can be
a parent
guardian
relative or
someone who has experience in dealing with such persons
The appropriate adult must be 18 years old or over
Interviewing without an appropriate adult:
A vulnerable person must not be intervwed or asked to provide/sign a written statement in the absence of the appropriate adult. But an urgent can take place if a superintendent or above is satisfied it won't lead to significant to the person's physical/mental state
and
delay would lead to -
COP C para 11.1, 11.18-11.20
:
interference/harm to evidence connected with an offence
interference/harm to other persons
serious loss or damage to property or
the alerting of other persons suspected of having committed an offence but not yet arrested for it or
hindering the recovery of property obtained in consequence of the commission of an offence
Representing vulnerable clients:
There are ways solicitors can help protect the interests of vulnerable clients like:
Ensure that:
an appropriate adult has been appointed
the custody officer has requested a medical assessment where appropriate
Take as much time as necessary to take your client's account and to clearly advise them
Ensure the client understands:
your role
everything that is happening
what will happen in the interview and how to approach the 'no comment' interview if that is the option taken
what happens after interview
In the interview:
request regular breaks
be especially mindful of the language and tone used by officers-intervene if necessary
Formulating advice to suspects
Advising the client:
The consultation with the client should take place in private and is confidential
Lawyer
should not
breach any professional conduct issues by e.g.
relative/3rd party unless you are satisfied that the person giving instructions has authority to do so on behalf of your client; or
2 clients in relation to the same matter and one client blames, or might blame the other
The lawyer should:
Be supportive and explain their role
Assess the client's fitness to be interviewed
Provide advice on the legal position
Explain options the client has in the interview and consider which option would be best
Advise on the consequences of those options
The client's account:
Once the lawyer has outlined the circumstances as provided by the police, client should be asked for their version of events
Do they accept involvement?
Do they have legal defence e.g. self-defence?
Options in the interview
3 options in the police interview for the client:
Answer questions,
- STOPPED AT Formulating advice t