Criminal Law - Solicitors Duties
- Created by: jutnut
- Created on: 09-07-17 15:08
Solicitors Duties - Initial Action
General Observations:
The quality of the advice given to a suspect will almost invariably affect the outcome of any case, e.g. the decision on charge or any subsequent trial.
Solicitors duties set out in PACE CODE C 6D - Solicitors only role is to protect and advance the legal rights of their client at every stage of the investigation.
The Police will be following PACE and ECHR.
Main concern is for the client, have they been treated as they should throughout their detention, if you are dissatisfied from what you have found on the custody record or similar you should act immedietly by making representations to an officer.
If you are not getting the correct response then make written representations and record it in the custody record. And if necessary, get a more senior officer to represent to.
Solicitors Duties - Initial Steps
Initial steps on receiving the call asking for a solicitor to represent at the police station
- likely to come from the solicitors defence call centre, giving very brief details on the case including the detainees name and the offence.
- Then phone the Custody officer at the police station where the suspect is being held.
- Gain more information about the case, ascertain if police are ready for interview and to arrange the interview time.
- Then you state that you will be attending prior to and during the interview and ask that this be notified on the custody record.
- Then ask to speak to the client, but do be aware that any conversation with the client may be overheard in the custody suite.
Speaking to the client will allow you to assure them your attending and an ETA, you should also warn them nothing is off the record and that they shouldn't discuss the offence with the police until you have met with them. Check client has no pressing concerns that can't wait till you get there, e.g. health concerns, conditions of detention, or obligations. If so make representations to CO over phone.
Finally a conflict check should be done relating to co-excused or victim ASAP
Solicitors Duties - On Arrival to Police Station.
The initial matters the solicitor should attend to at the arruval of the police station prior to the police interview with the client.
- Should have to hand
- Criminal Representation documentation
- Copies of PACE and codes
- Interview pro formas
- Pens and blank paper
- Mobile phone or phone cards
- Form of ID
- Any other useful document or object
Also should request from Custody Officer
- Custody Record,
- Details of the case so far ( may not give that to you)
And arrange a private meeting with the client.
Solicitors Duties - On Meeting with the Client Bef
Important to prep your client for interview - as may be vital to the outcome of the case especially if client pleads not guilty and interview is used in court. Also decisive to the evidence which could lead to the conviction.
How much to prepare: Depends on their knowledge of police interviews and your knowledge of them. BUT should ensure they know what to expect during the interview:
- practicality that you will be present and be pro-active rather than passive during interview.
- interview will be recorded and perhaps video recorded
- that they will be cautioned on the outset and if they understand that caution
- nothing is off the record, even if tape is stopped everything is admissable in evidence
- they have a continuing right to legal advice and can stop the interview at any time to seek it
Advise on right to silence, whether they should give their account or exercise their right via the document checklist and that it is one or the other, cannot answer selectively. Practicality on evidence and if should use prepared statement.
Solicitors Duties - The Right to Silence
Need to advise client:
- Answering any questions means the whole interview will be admissable as evidence at trial CANNOT PICK AND CHOOSE!! - Appear guilty and something to hide!
- Therefore client needs to decide if he wants to exercise his right to silence (No Comment Interview) or give his account
- Evidential consequences to exercising right to silence!
The decision to the right to silence is ultimately the clients however it is important for the solicitor to consider the pros and cons and advise accordingly!
SEE RIGHT TO SILENCE CHECKLIST
Solicitors Duties - The Right to Silence Checklist
Will be a mindmap to learn from
Check this now and test yourself accordingly!
Solicitors Duties - INFERENCES FROM SILENCE
- 34 Effect of accused's failure to mention facts when questioned or charged
- 36 Effect of accused's failure or refusal to account for objects, substances or marks
In your resource pack, must understand and apply appropriately!
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