Defence Solicitor's Role at Police Station
43 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What must be true for a simple caution to be issued?

  • The offender must admit their guilt. (correct)
  • The caution cannot be issued if the offense is minor.
  • The offender must have been convicted of a prior offense.
  • The police must have discretion in all cases.

    • What is a requirement for conditional cautions regarding offenders?

  • Offenders must appear in court after receiving the caution.
  • Offenders must agree to undergo rehabilitation conditions. (correct)
  • Offenders can refuse the caution without consequences.
  • Offenders have to pay a fine before getting the caution.

    • What is the maximum fine that can be imposed as a condition of a conditional caution?

  • £100
  • £200
  • There is no maximum limit.
  • £150 (correct)

    • What occurs if an offender fails to comply with the conditions of a conditional caution?

    <p>They will be charged with the original offense and taken to court.</p> Signup and view all the answers

    What is the role of the Disclosure and Barring Service (DBS) in relation to cautions and penalty notices?

    <p>They may disclose details of cautions and penalty notices if deemed relevant.</p> Signup and view all the answers

    What is a crucial role of the defence solicitor during the police interview preparation?

    <p>Advising the client on a specific course of action regarding questioning</p> Signup and view all the answers

    Which of the following is NOT an important factor for the solicitor to consider when advising a client about silence?

    <p>The solicitor's own opinion on the case strength</p> Signup and view all the answers

    What does the 'Right to Silence' checklist emphasize for solicitors?

    <p>Clients must understand that silence may affect the court's perception</p> Signup and view all the answers

    What is a potential advantage of a client's early admission of guilt as advised by the solicitor?

    <p>It could lead to an alternative to charge, like a caution</p> Signup and view all the answers

    What should a solicitor assess regarding their client's previous admissions?

    <p>If the client has been consistent in their previous accounts</p> Signup and view all the answers

    When advising a client, which aspect of client behavior should the solicitor prioritize?

    <p>Understanding the client's emotional state post-arrest</p> Signup and view all the answers

    What might indicate that a client should not remain silent during an interview?

    <p>The potential for police leniency in exchange for cooperation</p> Signup and view all the answers

    What is a risk of advising a client to remain silent during the police interview?

    <p>Adverse inferences could be drawn in court based on silence</p> Signup and view all the answers

    What is the maximum initial duration of police bail before it requires authorization for extension?

    <p>3 months</p> Signup and view all the answers

    Under which condition can a suspect be denied bail after charge according to s.38 PACE 1984?

    <p>The suspect's name and address cannot be verified.</p> Signup and view all the answers

    What type of conditions can a Custody Officer NOT impose on police bail?

    <p>Residence in a bail hostel</p> Signup and view all the answers

    What must the Custody Officer consider regarding ECHR article 5 when deciding on bail?

    <p>The proportionality of detention to the risk posed by the suspect</p> Signup and view all the answers

    Which of the following is NOT a legitimate reason for police bail conditions?

    <p>Addressing the public's opinion of the suspect</p> Signup and view all the answers

    What could justify the necessity for a suspect's detention instead of granting bail?

    <p>Belief that the suspect may interfere with justice</p> Signup and view all the answers

    Which of the following conditions is regarded as relevant for safeguarding the alleged victim in bail decisions?

    <p>Restriction from contacting the victim</p> Signup and view all the answers

    If bail is refused after charge, what happens to the suspect?

    <p>They are remanded in police custody</p> Signup and view all the answers

    Who can authorize the extension of police bail from 6 months to 9 months?

    <p>Superintendent</p> Signup and view all the answers

    What is the role of the investigating officer regarding bail conditions related to the alleged victim?

    <p>To seek the victim's views on relevant bail conditions</p> Signup and view all the answers

    If a client has previous convictions, what is a possible consequence if their character is attacked during questioning?

    <p>Their previous convictions could be reopened for discussion.</p> Signup and view all the answers

    What is a potential course of action if the client is unwell during the police interview?

    <p>Seek to delay the interview until they feel better.</p> Signup and view all the answers

    Which of the following is a risk associated with providing a prepared statement to the police?

    <p>It can lead to an adverse inference under section 34.</p> Signup and view all the answers

    What governs the video identification procedures that must be adhered to by legal representatives?

    <p>PACE Code of Practice D</p> Signup and view all the answers

    What must the Custody Officer consider when deciding whether to charge a suspect?

    <p>Public interest and guidance from the Director of Public Prosecutions.</p> Signup and view all the answers

    What is a possible outcome for a suspect at the conclusion of an investigation if there is insufficient evidence?

    <p>They may receive a caution.</p> Signup and view all the answers

    In an identification procedure where the suspect is known and available, which of the following is NOT one of the recommended methods?

    <p>Photo lineup</p> Signup and view all the answers

    What should a solicitor do regarding the recording requirements post-police interview?

    <p>Ensure compliance with established recording protocols.</p> Signup and view all the answers

    What could happen if the identification officer breaches the PACE Code during identification procedures?

    <p>There may be a challenge to the admissibility of evidence obtained.</p> Signup and view all the answers

    What advice is typically given to a client regarding participation in identification procedures?

    <p>Participate to prevent covert procedures from being instigated by the police.</p> Signup and view all the answers

    Under section 34 of the CJPOA, what must occur for inferences to be drawn from a suspect's failure to mention a fact during questioning?

    <p>The suspect must have the opportunity to consult a solicitor.</p> Signup and view all the answers

    What is the primary focus of section 36 of the CJPOA?

    <p>Failure or refusal to account for objects, substances, or marks at the time of arrest.</p> Signup and view all the answers

    In advising a client on whether to remain silent, what factor should NOT typically influence the decision?

    <p>The client's previous convictions.</p> Signup and view all the answers

    What does the revised caution state when legal advice has been denied to a suspect?

    <p>You do not have to say anything. Anything you do say will be given in evidence.</p> Signup and view all the answers

    Which statement best describes the effect of silence at trial as per section 35 of the CJPOA?

    <p>Silence may lead to inferences but is subject to reasonable consideration.</p> Signup and view all the answers

    When advising a client, what should be considered regarding the potential impact of privilege?

    <p>Privilege can be impacted by the nature of legal advice received.</p> Signup and view all the answers

    If a suspect remains silent during questioning, what principle may apply under section 37?

    <p>Inferences may be drawn due to failure to explain presence at a crime scene.</p> Signup and view all the answers

    When assessing the reasonableness of a suspect's failure to mention facts, which factor is least relevant?

    <p>The suspect's previous interactions with the law.</p> Signup and view all the answers

    What implication does the conclusion of a no comment interview followed by a prepared statement have?

    <p>It allows the suspect to provide an account while avoiding direct police questioning.</p> Signup and view all the answers

    What is a critical factor in determining whether to advise a client to disclose their version of events to the police?

    <p>The client's assessment of the police's case strength.</p> Signup and view all the answers

    Study Notes

    Defence Solicitor's Role at Police Station

    • Client Interview Preparation: Solicitors must actively advise clients on whether to answer questions, not just inform them of their rights. Practicing a "no comment" approach is crucial.

    Advising on Right to Silence

    • Right to Silence Checklist: Solicitors must give accurate advice regarding police interviews.
    • Difficult Balancing Act: Remaining silent doesn't guarantee avoiding inferences. The client decides, based on solicitor's advice.
    • Client Factors: Consider the client's fitness for interview, mental competence, prior statements, interview performance, admissions, desired admissions, and legal defenses.
    • Other Factors: Consider police disclosure, investigation atmosphere, case strength, credibility of the client's account, need for pre-interview confirmations, co-operation for release, mitigation advantages from early admission, possible alternative charges (cautions), potential inferences from silence (and how to address them with a statement), complexity or age of the matter, and criminal history.
    • Criminal Justice and Public Order Act (CJPOA) Inferences from Silence:
      • Refusal to mention facts during questioning or charge (s.34).
      • Silence at trial (s.35).
      • Failure to account for objects/substances/marks (s.36).
      • Failure to account for presence at a particular location (s.37).
    • Caution for Questioning/Charge (s.34):
      • Standard caution: "You do not have to say anything. But it may harm your defense if you do not mention, when questioned, something you later rely on in court. Anything you do say may be given in evidence."
      • Special caution: "You do not have to say anything. But anything you do say will be given in evidence." (Youth Justice and Criminal Evidence Act 1999)
    • Reasonableness Test: The suspect's reasons for not mentioning a fact must be considered (e.g., evidence relevance, time of day, age, mental capacity, tiredness, experience, circumstances, legal advice received, solicitor reliance, privilege impacts).
    • Objects, Substances, Marks & Presence (s.36 & 37):
      • Special caution required (Code C.10.11) to specify the offence, fact to be accounted for, potential involvement, inferences from silence, and recording.
      • No reasonableness test here; the special caution is essential.
    • Prepared Statement: A prepared statement offers a way to provide an account apart from answering questions.

    Deciding Advice

    • Knowledge of Police Case: Full disclosure increases an answer, but hidden information may remain. Limited or no disclosure suggests remaining silent.
    • Strength of Police Case: Stronger case requires explanations, weaknesses suggest silence (e.g., lacking witness statements might make silence useful).
    • Defense Existence: A defense might necessitate immediate account-giving, whereas no defense would likely support silence. Consider early admissions and potential cautions, avoiding prosecution for admitting guilt.
    • Objects/Substances/Marks: If present, answering to explain is critical, otherwise inferences may arise.
    • Arrest Location: Answering to explain presence is critical if arrested at the scene, otherwise silence might be appropriate.
    • Confessions/Adverse Comments/Threats: Addressing potential offenses through explanations is better than remaining silent; consider PACE breaches for potential evidence exclusion.
    • Attacking Character: Previous convictions complicate character attacks.
    • Client Unwell: Unwellness is a consideration for allowing time-off for the client.
    • Prepared Statement: Possible alternative for controlled accounts.

    Identification Procedures

    • PACE Code D: Govern video identification procedures.
      • Three procedures exist: Video, Parade, and Group identification.
      • Identification procedures are overseen by Identification Officers.
      • A legal representative should advise the client on whether they should participate.
    • Breaches of PACE Code: Such breaches can potentially challenge evidence admissibility.

    Post-Interview Role

    • Police Compliance: Ensure recording requirements are met.
    • Investigation Course: Inquire about the investigation's next steps.
    • Client Advice: Advise the client about the investigation, charge, and possible bail.
    • Next Steps Understanding: Foster client comprehension of subsequent events.
    • Representations: Consider representations regarding charging decisions and bail applications.

    Investigation Conclusion (Charging Decision)

    • Charging Decision: Custody Officer decides on evidence sufficiency using DPP guidance and CPS advice. Alternatives (cautions) must be considered.
    • Outcomes:
      • Unconditional release, pending further action or arrests.
      • Release under investigation, with later charging.
      • Caution or conditional caution.
      • Bail to the police station for investigation (conditional).
      • Bail to court (conditional or unconditional).
      • Remand in custody.

    Bail from Police Station

    • Release Before Charge: Release unconditionally or on bail if sufficient evidence isn't available.
    • Release After Charge: Release on bail, per s.38 PACE, unless exceptions apply; consider the possible exceptions and their justifications. Consider the right to liberty (ECHR).
    • Bail Conditions: May be imposed regarding surrender, committing offenses, interfering with witnesses, obstructing justice, victim protection.
    • Victim's Views: Investigating officers have a duty to seek the victim's views on bail conditions, relating to their safeguarding. (s.47ZZA)

    Police Powers of Disposal (Less Serious Cases)

    • Simple Cautions: Warn of offenses and future offending; require proof of guilt, admission, and agreement to the caution. There are no rigid rules; police discretion & public interest.
    • Conditional Cautions: Offer rehabilitation, reparation (victim compensation), punishment, and conditions; require sufficient evidence, admission, and public interest consideration.
    • Penalty Notices for Disorder (PND): Offenders must pay a penalty; not criminal convictions but recorded on the database.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    This quiz explores the critical functions of a defence solicitor during client interviews at a police station. It emphasizes the importance of advising clients on the right to silence and the various factors that influence a solicitor's guidance on whether to answer questions. Understanding these elements is vital for effective legal representation.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser