ADVISING SUSPECTS AT THE POLICE STATION STAGE  – PART 2

The Police Station ZOOM presentation on the 27th May was so well attended and we had so many requests for the recording (40+ at the last count!) that we thought it would warrant another hour and hence this month’s presentation can be regarded as a continuation (or PART 2) of the one we did in May.

​The May presentation is still available as a recording for anyone attending who may have missed it.

​You will see immediately from the content whether or not this is a presentation you really ought to attend.

Content

 The following issues will be explored during this presentation:

  • Concerns that you may have in relation to advising ‘virtually’ rather than ‘physically’

  • Should you really be advising the client to talk in the interview so as to set up the basis for a later Newton hearing at Court?

  • The difference between an ‘evidential burden’ and a ‘legal/persuasive’ burden and the great advantage of laying something down at the police station stage in the case of the latter

  • The ‘Sex Offender Register’ and Section 82 of the Sexual Offences Act 2003 – also, the legal distinction between Schedules 3 and 5 of the Act

  • Testing at the police station stage for Class A drugs – the client’s room for manoeuvre – See Section 63B and 63C  of PACE

  • Is there anything you can do for the client who has been ‘released under investigation’ for some 18 months and wants some sort of closure?

  • Your position when the client changes his/her mind and is already in interview upon your arrival at the police station

  • Your first client would like you to represent his mate who has also been arrested in the same investigation – does this give you valid instructions to represent the other person at the police station stage?

  • The obvious dangers of having the Appropriate Adult present during your consultation with your client

  • Dealing with conflict at the police station stage

  • Part 9 (or Section 9 if you prefer) of the very latest Standard Crime Contract – Specification document

  • Statutory Instrument 2016 No.313 and making  ‘The Great Escape’– also a consideration of ‘Enhanced Rates’ for police station work

  • Searches under Sections 18 and 32 of PACE

  • Difficult client scenario – you consider that your client is vulnerable but the client has a different view and does not wish you to tell the police of your concerns

  • The legal tests under PACE in order for the police to be able to take samples, fingerprints and a photograph without your client’s consent

  • The circumstances in which your client’s DNA at the scene may raise a ‘case to answer’ and the circumstances in which this may not be the case

  • Your client has TB (or some other highly contagious disease) – where does this leave you if he does not want you to disclose this to the police?

  • Are there really any circumstances in which you may claim more than one police station fixed fee concerning advice given to the same client?

  • The right to consult with a solicitor privately at the police station stage under Section 58 of PACE

  • The current position on the retention/destruction of biometric material – samples and fingerprints – a difficult area and I have written a paper specifically concerning this

  • The volunteer who has nothing worth saying to the police – the advice you should consider giving in these circumstances

  • The person on the other end of the phone at the police station is an Immigration Officer – you do not hold a contract to advise on immigration matters – the questions you should be asking

  • Your client reveals to do that he is an escaped prisoner and is on the run! – where does this leave you in so far as being able to advise him on the matter for which he has been arrested and detained (the police know nothing about him being on the run)?

  • The police have arrested your client for being in breach of his pre-charge bail conditions – consider the options available to the police – how would the position change legally if the client was in breach of their post-charge conditions?

  • 94 hours had elapsed on the detention clock at the police station before the client was released on pre-charge bail – in what circumstances do the police have 2 hours remaining on this clock and in what circumstances might the clock start again at zero?

  • Body cam footage at the police station stage

  • The police inform you that it has all been captured on CCTV footage that is not available to view at this stage – your advice to the client