Interviews at the police station

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  • Created by: KG1999!
  • Created on: 25-09-23 18:35
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  • Interviews at the police station
    • Responses to interview questions
      • A client has 4 options:         1 Answer all questions       2 Give no comment       3 Selective silence (answers some not others)          4 Written statement and no comment
      • Selective Silence: DO NOT USE. CONS: adverse interferences come from silences, will appear they have something to hide.
      • Answer all qns: PRO: allows client to put his version of events of record, if defence is strong and come across well, in full may mean nothing further is pursued, will ensure nothing can be drawn from silence, if client admits then sensible to do so in interview. Client cooperated.
        • CONS: risk may say something incriminating, if they become confused/angry then credibility damaged, police may not have provided disclosure to answer all qns
      • No comment interview: PROS: No danger of incriminating self by giving possible evidence, Advisable if case is weak as stops client making admission which would enable charge, police failed to given full disclosure, client physically or mentally unfit, facts of case are complex - client may not be able to give immediate response, personal reasons
        • CONS - adverse inferences from silence if charge and pleads not guilty. They could have used interview to mention something they mention in their defence, fail to account for something at the scene, fails to account for reasons. Defence may be considered a sham.
      • No comment with written statement: PRO: Same for no comment. Useful if client will perform badly if answers in interview, if client is young/emotional/never been detained, allow client to set out defence and clear logical way, if contains all facts, accounts for objects, and reason for being there then inferences cannot be drawn in court
        • CONS: Must outline all possible evidence they would rely on, must be well prepped not to answer anything.
    • Inferences from Silence
      • Fail to mention when qned something they rely upon in court - S34 Criminal Justice and Public Order Act.
        • Likely to believe client made up interview story or remained silent because they didnt believe facts would stand up to police scrutiny
        • If was sols advice - cross examination will look into why
        • Written statement - If sol prepares and does not give to police then they can henad it in later. But wont prevent inferences into why they were not confident in defence
      • If suspect when qnd fails to account for presence of something at scene
        • If their clothes were there, object that reasonably suggests they participated. e.g. if blood is found at an assault and they refuse to answer.
        • Inference can only be made under special caution. Suspect told what offence their investigating, fact they are accounting for, fact officer believes their a suspect
      • If suspect when qnd fails to account for their presence
        • Inference if person is found by the police there, near to the time offence occurred and officer believes their presence attributes to participation
        • No answer = no explanation as to why they were there that would stand up to questioning
    • Conduct issues when advising suspected criminal
      • If client intends to mislead court: sols must cease to act unless client admits and gives no comment interview.
      • Conflicts of interest - where sol may advise 2 jointly suspected. If there is conflict they should decline to act for second one. If nothing immediately apparent should still think about potential conflict i.e. one played minor role
      • Disclosure - no duty to inform the prosecution of court of any evidence that would prejudice the case
    • Charging Suspect
      • 1. Release without charge and without bail - if they suspect they did not commit
      • 2. Release suspect with no charge on bail - only for 28 days unless extension authorise by superintendent or court.
      • 3. Release without charge but on bail to make decision - is there sufficient evidence for conviction and if there is, is it in public interest to charge?
      • 4. Charge suspect or offer alternative: informal warning, penalty notice, simple caution, offender signed document detailing offence and admission

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