ADVISING SUSPECTS AT THE PS-1 | Legal-Eagle Training

ADVISING SUSPECTS AT THE POLICE STATION STAGE - PART 1

We all know that mistakes made at an early stage in the investigation can be very costly thereafter. Clients can be very unforgiving when they realise that something went very wrong at the police station stage.

This 1-hour presentation by Colin Beaumont (author of the book – ‘Advising Suspects at the Police Station’) will concentrate on those problematic areas of police station advice where you may not be 100% confident in the advice that you are giving to the client.

Content

The following issues will be explored during this presentation:

Disclosure of information by the police prior to the interview taking place – just how much disclosure are you are entitled to and what have the Court of Appeal had to say about all of this?

Options for consideration by yourself and the client when you consider that you have not been provided with enough disclosure

The circumstances in which it might well be appropriate for you to make an opening statement at the commencement of the interview

The things you really need to know about the Sexual Offences Act 2003 and the Sexual Offences Act 1956

Are you really going to rush in and advise the client to accept the caution on offer at the police station stage? – This is a fruitful source of complaints against lawyers when the ‘penny drops’ for the client about the ramifications!

The reasons why you should always try to avoid the arrest of the client taking place when he or she arrives at the police station as a volunteer

There are 2 clocks operating in favour of a detained person at the police station – what are they?

What is the test for a strip search? – What about an Intimate search?

The client has just revealed to you the mobile phone that the police should have taken from him at the ‘booking in’ stage – how are you going to deal with this?

The police would like your client’s consent to search his bank accounts – your advice please? – adverse inferences?

The police would like a sample of your client’s handwriting – your advice please? – adverse inferences?

Some excellent reasons for talking to the police in the interview

Some excellent reasons for having a ‘no comment’ interview at this early stage of the investigation

Are you as familiar with Section 49 and Schedule 2 of the Regulation of Investigatory Powers Act 2000 as you should be? – The advice to the client when the police request his/her PIN

Have you read the case of Plaku/Plaku/Bourdon/Smith – [2021] EWCA Crim 568 (April 2021)? – The comments made by the Court of Appeal at paragraph 29 of the judgement regarding early admissions and cooperation with the police investigation

Intimate samples – the advice to give to the client who is refusing to provide intimate samples and it’s a little bit more than simply advising on possible adverse inferences at trial

The circumstances in which the police are perfectly entitled to re-interview your client even though they have just charged him with the offence(s)

Written statements – some examples of where a ‘no comment’ interview and a written statement might be a very good idea

Written statements – their format and style

Is it legally possible for the Magistrates’ or the Judge to invite the jury to consider adverse inferences from the failure or refusal of the suspect to co-operate in identification procedures? – If you think the answer is ‘yes’………

The examples in English law where Parliament has specifically legislated for the drawing of adverse inferences and the approach to be taken by the Court where there is no legislation on the point

The circumstances in which it might be very good advice to suggest that your client is mute in the interview rather than saying ‘no comment’ 100 times!

Would it be lawfully possible, in the absence of consent from the client, to physically hold him down and remove his clothing in order to photograph a tattoo?

What is the current test for dishonesty in English law?

What is the current test for joint-enterprise in English law?

The advice to give to the client who is worried about what others are saying about him in their interviews

Dealing with hearsay and bad character issues

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