Advising a Suspect in the Police Station

Provides easily accessible guidance for solicitors and their representatives when advising a client at the police station Takes you through the procedures and practice step by step Sets out the different stages to follow from start to finish when representing a suspect Includes instructions on conduct and formalities required Decision trees help decide the crucial issues as to whether a client should answer questions in the interview Includes a simple content list quickly taking the reader to the guideline required Contains useful checklists Covers new Judicial Studies Board guidance on inferences from silence Updated with new legislation including updates to the Terrorism Act, and case law examining police powers of arrest of volunteers Discusses issues such as identification procedures, persons under a disability, immigration matters and special cases Table of contents: Explaining your role The advice process Preface Definitions The solicitor's role: the purpose and significance of advice and assistance in the police station: The solicitor's role Advice and assistance Limitations on the solicitor's role Significance at trial Privilege and confidentiality Initial request for advice: Receiving instructions Locating the suspect Refusal of access to solicitor Initial call to police Initial call to suspect Attending the police station: Preparation to give advice Avoiding inappropriate delay Conduct Representatives Action at the police station: Information gathering Records Representations Suspect's welfare Messages Mobile telephone and tape recorders When to leave Advice before interview: General approach Legal advice The law on inferences from silence The options available to your client Formulating your advice Ethical considerations Preparing your client for interview Assistance during interview: Solicitor's role during interview General approach The start of the interview Investigating officer's role Intervention by solicitors Written interviews Audio recording of interviews Messages to your client Video recording of interviews Detention, release, bail, diversion and charge: Detention reviews and continued detention Release for further inquiries Diversion Referral to Crown Prosecution Service Charge Detention after charge Review after reprimand in police custody by court Advice and representations of ancillary matters: Advice and making representations Length of detention Fingerprints/footwear impressions Photographs (s.64A) Searches and examinations to establish identity (s.54A) Searches Intimate searches/x-rays/ultrasounds Search of premises Non-intimate samples (mouth, swab, saliva, non-pubic hair, nails, skin impression (D.6.5)) Intimate samples (D.6.2) Preservation of evidence Identification issues Drug testing and assessment (s.63B Code C.17) Financial questionnaires Identification procedures: The solicitor's role Preparation and records Requirement for identification procedure Methods of identification Video identification (D. Annex A) The parade (D. Annex B) Group identification (D. Annex C) Voice identification Confrontation (D. Annex D) Photographs Fingerprints Samples Persons at a disadvantage: Appropriate adults Juveniles Mentally vulnerable persons The visually impaired/deaf etc. Suspects requiring interpreters Immigration matters: General The suspect groups Effect Time-limits Assisting after the interview Summary Special cases: Interrogation by service police Volunteers Terrorist suspects Extradition requests