CLP: Advising a client, including vulnerable clients, whether to answer police questions

Question 1

What is the primary role of a solicitor at a police station?

Answer 1

To protect and advance the legal rights of their client

This includes advising clients on whether to answer questions and intervening to challenge improper questions.

Question 2

What is meant by ‘active defence’ in the context of a solicitor’s role?

Answer 2

Actively defending and promoting their client’s interests

This involves obtaining information from police, advising clients fully, and attending interviews.

Question 3

List the key components of active defence.

Answer 3

• Obtaining as much information from the police as possible
• Advising your client fully
• Advising on issues during the investigation
• Attending and advising during the interview

Question 4

What should a solicitor avoid doing at a police station?

Answer 4

• Being passive
• Just sitting by and taking notes

Question 5

What is a critical aspect of maintaining records during police station practice?

Answer 5

Maintaining a comprehensive contemporaneous record

Clear and detailed notes are essential for giving credible evidence later.

Question 6

Who is considered a ‘vulnerable’ client according to COP C 1.13(d)?

Answer 6

A person who, because of a mental health condition, may have difficulty understanding or communicating effectively

This includes issues related to their arrest, detention, or understanding their rights.

Question 7

What does COP C Annex E outline regarding vulnerable persons?

Answer 7

• When a suspect should be treated as vulnerable
• Role of an appropriate adult
• Duties of the custody officer
• When interviews with a vulnerable suspect can occur

Question 8

What are the responsibilities of an appropriate adult?

Answer 8

• Ensure the detained person understands what is happening
• Support and assist the detained person
• Observe police conduct
• Facilitate communication between the detained person and police
• Ensure rights are protected

Question 9

Who cannot act as an appropriate adult?

Answer 9

• A solicitor attending for the suspect
• A person under 18
• A police officer or employee
• A person involved in the offence or investigation
• An estranged parent objected to by the youth

Question 10

Who can act as an appropriate adult?

Answer 10

• A parent
• A guardian
• A relative
• Someone experienced in dealing with vulnerable persons

The appropriate adult must be 18 years or older.

Question 11

Under what conditions can a vulnerable suspect be interviewed without an appropriate adult?

Answer 11

If a superintendent or above is satisfied that delaying the interview would cause significant harm or interfere with evidence

Grounds for urgency include risk to evidence, harm to others, or alerting suspects.

Question 12

What steps should a solicitor take to represent a vulnerable client effectively?

Answer 12

• Ensure an appropriate adult is appointed
• Request a medical assessment if needed
• Take time to advise the client clearly

Question 13

In the interview, what should a solicitor request for a vulnerable client?

Answer 13

Regular breaks

Solicitors should also ensure the language and tone used by officers is appropriate.

Question 14

True or False: A person under the influence of drink or drugs is always considered a vulnerable client.

Answer 14

False

Such individuals are generally not treated as vulnerable.

Question 15

What is the nature of the consultation with the client?

Answer 15

The consultation should take place in private and is confidential.

Question 16

What should a lawyer avoid when taking instructions from a client?

Answer 16

Taking instructions from a relative or third party without authority or from two clients blaming each other.

Question 17

What are the responsibilities of a lawyer when advising a client?

Answer 17

• Be supportive and explain their role
• Assess the client’s fitness to be interviewed
• Provide advice on the legal position
• Explain options available in the interview
• Advise on consequences of options
• Provide advice on samples if necessary

Question 18

What should a lawyer ask the client regarding their involvement?

Answer 18

• Do they accept involvement?
• Do they have a legal defence, e.g., self-defence?

Question 19

What are the three options available to a client during a police interview?

Answer 19

• Answer questions
• Don’t answer questions (‘go no comment’)
• Provide a written statement and ‘go no comment’

Question 20

What is an adverse inference?

Answer 20

A common sense conclusion that is adverse to the interests of a party in proceedings.

Question 21

What is the strategy behind handing in a prepared written statement?

Answer 21

To avoid later adverse inferences by stating the defence at the beginning of the interview.

Question 22

What are the risks of a mixed interview?

Answer 22

• The transcript will be read in court
• Suspects may be pushed to talk about avoided topics
• Confusion about what has been said may arise

Question 23

What factors should a lawyer consider when advising a client to answer questions?

Answer 23

• Amount of disclosure
• Admissibility and strength of evidence
• Client’s account/instructions
• State of the client
• Significant statements
• Possible adverse inferences

Question 24

What is required for a solicitor to provide useful advice before an interview?

Answer 24

Sufficient information about the nature of the offence and why the client is suspected.

Question 25

What should be considered regarding the admissibility of evidence?

Answer 25

* Whether witnesses have provided statements * If witnesses are compellable * Whether significant statements were unlawfully obtained * Potential s 78 PACE applications

Question 26

What is the significance of the strength of evidence in advising a client?

Answer 26

If evidence is weak, remaining silent may minimize risk of incrimination and adverse inference.

Question 27

What are the possible consequences of not putting forward a defence in an interview?

Answer 27

* Adverse inferences * Losing credibility

Question 28

What are 'Argent factors'?

Answer 28

Conditions like ill-health, confusion, intoxication, or shock that may prevent a client from handling an interview.

Question 29

What is a significant statement as per Code of Practice C paragraph 11.4A?

Answer 29

A statement capable of being used in evidence against the suspect.

Question 30

What risks are associated with remaining silent during an interview?

Answer 30

* Adverse inferences under Criminal Justice and Public Order Act 1984 * Failure to account for evidence or presence at the scene

Question 31

What should a lawyer prepare the client for before an interview?

Answer 31

What to expect, especially if they intend to go 'no comment'.

Question 32

Why should 'mixed interviews' be avoided?

Answer 32

They may lead to confusion and are not valid options in court.

Question 33

What are the key factors to consider when formulating advice for a suspect?

Answer 33

* Amount of disclosure * Admissibility and strength of evidence * Client’s account/instructions * State of the client * Significant statements * Possible adverse inferences

Question 34

What is the basic principle regarding a suspect's right during a police interview?

Answer 34

Every suspect has a right to silence and is not obligated to answer questions.

Question 35

Under what conditions can a court draw inferences from a suspect's silence?

Answer 35

If certain statutory conditions are met, a court may draw inferences at a later trial.

Question 36

Define 'adverse inference'.

Answer 36

An adverse inference is a common sense conclusion that is adverse to the interests of a party in proceedings.

Question 37

What does Section 34 of the Criminal Justice and Public Order Act 1994 state?

Answer 37

It allows for an inference to be drawn when a defendant relies on a fact in their defence that was not mentioned during questioning.

Question 38

What must happen for an inference to be drawn according to Section 34?

Answer 38

The suspect must have been cautioned.

Question 39

What is required for an inference to be drawn under Section 36?

Answer 39

The suspect must have failed to account for a mark, object, or substance and must have received a special warning.

Question 40

What does Section 37 address?

Answer 40

It addresses the failure to account for the suspect's presence at the scene of an alleged offence.

Question 41

What safeguard does Section 38 provide?

Answer 41

No defendant may be convicted solely based on an adverse inference.

Question 42

What is the implication of an adverse inference on a defendant's case?

Answer 42

It undermines their defence.

Question 43

What must be established for an inference to be considered 'proper'?

Answer 43

The inference must be reasonable and based on the circumstances existing at the time.

Question 44

Fill in the blank: An adverse inference may be drawn if the suspect is silent at interview and a fact is later relied upon at trial that _______.

Answer 44

would have been reasonable to have mentioned.

Question 45

True or False: A court must draw an inference if the suspect fails to mention a fact.

Answer 45

False.

Question 46

What does the caution explain to the suspect?

Answer 46

The consequences of not mentioning a fact later relied upon in court.

Question 47

List the factors that can determine if it was reasonable to have mentioned a fact at the time.

Answer 47

* Disclosure made to the suspect or lawyer * Information known by the suspect at the time * Condition and circumstances of the suspect * Legal advice received

Question 48

What is the effect of drawing an adverse inference regarding a suspect's explanation at trial?

Answer 48

It suggests the explanation has been fabricated or the defendant withheld their account.

Question 49

What must defendants be informed of under the special warning for Sections 36 and 37?

Answer 49

* The offence being investigated * The fact they are asked to account for * The potential implication of their involvement * The possibility of a proper inference if they fail to account * That a record is being made of the interview

Question 50

How does the absence of a trial affect the relevance of adverse inferences?

Answer 50

Adverse inferences are irrelevant if the case does not go to trial or if the client pleads guilty.