Defence Solicitor's Role at Police Station

A warning given to an offender about the unacceptability of their behaviour and the consequences of further offending. It aims to deter future offending.

A type of caution where the offender must fulfill certain conditions to avoid prosecution. The conditions can focus on rehabilitation, reparation or punishment.

A notice issued by police for certain offences that requires the offender to pay a penalty. Failure to pay can lead to court proceedings.

A formal document that can reveal details of cautions, including simple and conditional cautions, as well as penalty notices for disorder (PNDs).

A formal process where a court reviews a decision made by a public authority, such as issuing a caution. It allows for challenging decisions that are considered unfair or unlawful.

The lawyer's obligation to guide the client on whether to answer police questions during an interview. This is not a simple choice, but a strategic decision with potential consequences.

This includes factors like the client's mental state, prior statements, and potential strategies during the interview.

This includes whether the police have provided enough information, the general investigative approach, and the strength of evidence against the client.

The process of explaining the police interview procedure clearly to the client before the interview starts.

The client's decision to remain silent during the interview, based on the advice of their lawyer.

A written statement prepared by the client, with assistance from their lawyer, to be presented to the police during the interview.

A formal warning issued by the police instead of a formal charge, often offered in exchange for an admission of guilt.

Potential negative consequences that may arise from a client's silence during the interview, such as the possibility of inferences being drawn.

A type of police interview where a suspect is questioned and their answers are recorded. The solicitor should advise the client to either answer all questions, none, or prepare a written statement.

A police procedure to identify a suspect using visual means. The solicitor must make sure the identification procedure is fair.

A legal decision to release the suspect from custody after the investigation. This can be with conditions or unconditional.

A decision to not pursue criminal charges against a suspect for a particular offense. The decision is made after examining the evidence and considering various legal factors.

An official document that details the reasons why a suspect was released from custody without being formally charged. Important for understanding why a case wasn't pursued.

An alternative to prosecution where the offender admits the offense and accepts a formal warning. This can be formal (caution) or with conditions (conditional caution).

The process of deciding whether to charge a suspect after an investigation is complete. Factors include the evidence gathered and the public interest.

A suspect must be released on bail after being questioned by the police if there is not enough evidence to charge them. This means the suspect is temporarily freed, but with conditions and a requirement to return to the station at a certain time.

The police can impose conditions on bail to ensure the suspect returns to the station, does not commit further offenses, or does not interfere with witnesses.

The police have the power to release a suspect on bail before they are charged with an offense. This happens when the police do not have enough evidence to charge the suspect.

If a suspect is charged with an offense, they must be released on bail unless there are exceptional circumstances that justify detention. The exceptions are detailed in section 38 of the Police and Criminal Evidence Act 1984 (PACE).

The police may impose conditions on bail to ensure a detained person complies with the bail terms, including surrendering to bail; not committing offenses; not interfering with witnesses; and ensuring their own safety.

The police must, if it is practical, seek the views of the alleged victim regarding bail conditions. This includes conditions related to the victim's safety and protection.

The police have powers to dispose of less serious offenses through diversion programs, avoiding the formal court process.

The Custody Officer must record the decision to grant or refuse bail, including the reasons and any conditions imposed.

A suspect can request a Custody Officer to vary the bail conditions or apply to the local Magistrates' court for a change.

If bail is refused after a suspect is charged, they are remanded in police custody. If bail is granted, they are remanded on bail to appear in court.

The right for a suspect to remain silent during questioning, but an inference can be drawn if they later rely on a fact in court that they did not mention during questioning.

This applies when a suspect refuses to explain the presence of objects, substances, or marks on their person at the time of arrest. The prosecution can argue an inference of guilt if this explanation isn't provided.

This section pertains to a suspect's refusal to account for their presence at a specific location, particularly when arrested at the scene of the crime. An inference of guilt could be drawn if they don't offer an explanation.

This section examines the consequences of a suspect's silence at trial. It's not directly linked to advice given at a police station. However, it's relevant to understand the potential implications of silence.

The legal standard used to determine whether a suspect's failure to mention a fact during questioning is reasonable. Factors like age, mental capacity, and legal advice received are considered.

The special caution read to a suspect when they're asked to account for objects, substances, or marks found upon their arrest. It outlines the potential consequences of remaining silent.

The caution read to a suspect when they're questioned or charged. It informs them of their right to silence and outlines the potential risks of not mentioning a fact that they later rely on in court.

Factors that can be considered when deciding whether a suspect's failure to mention a fact was reasonable. These factors include their physical and mental condition, the time of day, and the legal advice they received.

The process of analyzing the strength of the police case against a suspect to determine if they should answer questions or remain silent. Factors such as the amount of evidence available, witness statements, and CCTV footage are assessed.