Your First Year as a Police Station Advisor

Hello and welcome to this webinar presentation on behalf of data law at your first year as a piece station advisor. My name is Colin Beaumont, So let's have a look then, shall we? At slight to disclosure issues. Course it's important, isn't it that when you go to the peace station, let's face it, it's going to be a daunting place in your 1st 12 months. It's important that you have a chat with the disclosure officer who may or may not be the injuring officer and that you find out as much as you can about the case before you take your client instructions. Now don't get me wrong. Most of the time, the police will give you sufficient on adequate disclosure of the matter against your client in order that you'll be able to take instructions and advice the client as to how he or she wants to proceed during their interview that you will find that the more serious the case, the less you might get sufficient and adequate disclosure because that is the test that that should be met before at your client. Start talking on answering questions in a police station in give you at the leading case on This is the case of how in which law Justice Law said that you know, you really want to be given adequate disclosure in order that you could have a leading for chapter your client, and you can give you apply some informed legal advice as to whether or not he or she answers their questions. The mere fact that you don't have a complaint statement that said Lord Justice Laws does not mean that you haven't got that sufficient and adequate disclosure. You really need to be looking for such things as Do I know the place of the crime? Do I know the date at the crime? Do I know the timing of the crime? Do I know the crime that's in hte? These are at matters, of course, that are hugely relevant for you to decide whether or not you'd be given sufficient inadequate disclosure. If you've been told little or nothing of the nature of the case has happened in the case of Ali Hirsi Global, then of course your client might go. No comment, no comment, no comment without the worry or fear about adverse inferences being drawn. Attention, Argent is an important case. There might be circumstances peculiar to the client, his age, his vulnerability, the time of day, which might persuaded, called, or a jury not to draw adverse inferences from the fact that he went. No comment. We need you now. Don't be upset if you get inadequate. Insufficient disclosure. And don't worry, don't panic. And no doubt you advise your client in that pre interview consultation to have perhaps a no comment interview. Maybe more than one. No comment interview during which you're going to be given. Hopefully irrelevant disclosure. But the case against a blind trust me, the world will still turn. After you had those interviews, you can go back into private consultation with your client. You can take your kinds full instructions on the matters that were raised during the interview. No doubt, if your client has a good defense, you will approach the custody officer and asked for a further interview. And no doubt in that further interview, your client will lay down the basis or his defense. If the peace say no, you can't have another interview. You've already had several interviews and gone. No comment. Then please consider drafting a written statement of the defense on handing that to the custody sergeant at charge. Please do make sure that you get a today you are. Don't be into hurry but to talk. If you have been given insufficient and inadequate disclosure, keep your powder dry on by supplying. Have a no comment interview, possibly more than one. Get your disclosure during the interviews. Go back into private consultation. Have a chat with decline. It is something worth saying. Make a note of it. Call for an interview. If you get one, great, he can give his account. If you don't get one, that's also great. You can draft a written statement and read it out of charge. The worst thing you can do is panic and get the clacked talk in an early interview. When you don't even know the case against him, there is no need to do that, and you shouldn't do we. And remember the Court of Appeal A with you that can't be adverse inferences drawn where the solicitor has being given little or nothing about the nature of the case against the client at my way or disclosure. So keep your wits about you and don't panic. You can always deal with the matter by way of a written statement. If you want to, it doesn't have to talk in the interview. The law requires him, of course, to lay down the backs of his defense. While he couldn't do that in a written statement, the leading cases night, which no doubt he will sign. Which no doubt you will gate on, which no doubt you will read out during the currency of the interview. Unless, of course, you've being refused an interview, in which case you might ask for the statement to be attached to the custody record at the point of Charge T and the DPP was an interesting case in which the Magistrates conceded they had drawn at birds influences against the defendant trial, even though a prepared statement had being given on that the defendant had kept to the facts of those. That prepared statement on the high court quashed the conviction, saying, In these circumstances, no adverse influences should have bean home. And that must be true because he had factually laid down his defense absolutely station in a written statement. Remember, there is no obligation upon the suspect of pants of the questions in an interview. The obligation of the suspect is to actually lay down their dependence at the risk of influences being gone. If they don't the contents of the statement where bullet points, I would have thought lardin para valves When you gonna hand it over where you're probably going to read it out. Journey interview all handed over to the custody officer at the charging Strange Who owns it? Well, the officer in the case could exhibit it on. The client could exhibited. So either those two that could exhibit it. I suspected once you've given the original to the police and they'll provide you with a copy to take away advantages with the advantages, I suppose, is that you've got a war fax and you know exactly what the facts are because they reduced into writing on the disadvantage where it might be that the jury would have preferred it had he or she answered all of the questions. But your meat clients who won't be very good in interview particularly vulnerable people, particularly people who are young in the circumstances they might have the basis of a decent defense, but you take the view the interview badly, in which case do consider drafting written statement and reading it out on their behalf. Journey interview. So let's have a look at the next slide, which is slide for war waving legal professional privilege at the case of bowel. Now, you might be tempted to make an opening statement at the commencement of the interview. As in, I'm not happy with the disclosure that you've given May or I'm not happy that my bank is fit for interview. That's fine. You could make those statements if you want to, But please don't go on to say, and as a result, I have advised my client to go. No comment, please. Firstly, you shouldn't be telling the police anyway what you are advised to decline his. And secondly, if you give a reason as to why you advised no comment, you might be inadvertently lifting legal privilege on what is lifting legal privilege. Me. But I can tell you in a worst case scenario, it means that your client might be cross examined on the content off your consultation at the police station stage. Well, we want to try and avoid that wherever possible, So if you want to have a wind about the inadequacy of the disclosure. That's fine. If you want to have a say about the fact that you don't think you're playing his fit for interview, that's fine. But leave it at that. Never, ever, ever gone toe utter these words, and as a result, I have advised my kind to go. No, don't say those words, Please. For a case on all of this, see the case of all seater 2000 and 10 appropriate adults where appropriate adults don't owe your client any legal privilege because they're not lawyers. So please, please, please ask the appropriate adult to leave the consultation whilst you're taking your instructions. Yeah, it might be Mom. It might be Dad. It might be a social worker. I don't really care who he is. Please ask them to leave whilst you're taking your instructions, you should not be taken your instructions in the presence of an appropriate adult. Who knows? It might be the peace officer would approach that appropriate adult and asked him or her what what happened then, in the consultation between the client and the lawyer? Remember, that person would be perfectly entitled to tell the police everything that happened. Why? Because he or she isn't a lawyer on. They don't owe the client any duty or legal professional privilege tonight. Fine. Ah, lot of what you get to deal with at the police station will be domestic violence. And a lot of it may well be advising on sexual offensive. So please, please, please have a working knowledge at the Sexual Offenses Act 2003 and the Sexual Offenses Act 1956. You should have both of these pieces of legislation toe hand, actively station on your smartphones tablets. Whatever. The young man's defense within the Sexual Offenses Act 1956 runs as follows. Your client a male would have a defense if he was engaging in consensual sexual activity with a person under age I. E. Under 60. If he reasonably believed that the person waas 16 or over the young man's defense supplies for a while incidents that took place prior to the first of May 2000 ball. That's when the sexual offenses at 1956 came into force. The young man's defense, he or she or he must be 23 or below tohave the defense on and must not have Bean charged with like events. It's much easier if the offending took place after the first of May 2004 because then you have regard to the Sexual Offences Act 2003 on the Sexual Offenses Act 2003 gave the young man's defense to everyone so your client might be 30 but he's engaging in a consensual sexual relationship with someone who's too young. She's 50 senal below these are sections 9 10 11 and 12 and 13. Now he has a defense if he in an objective, reasonable way, believes her to be 16 or over. Because the agent with people can consent to sexual activity in this country in the main is 60. Your client could be of any age now. That's what the sexual events is at 2000 and three. Did it gave the young man's defense to everyone for their years. He's 30 years of age. He's telling you what I thought she was 16. She didn't give me any thought to believe that she wasn't 16. If you're happy with your instructions, he should be talking in the interview. All you should be drafting a written statement and reading it out during the interview. It is a defence for a person, so long as it's an objective, reasonable belief that the party WAAS 16 all over. She in fact, is 15 15 or 32 young 12 or below on. The client's instructions are irrelevant. 12 hole below and you cannot give consent. Two. Sexual activity at all in this country. So the gray areas. She is 13 14 52 young Japanese, 16. But he reasonably believes her to be 16 over on his belief is a reasonable one. I said earlier that in the main, the age for consent to sexual activity is 16. And that's true, unless you're dealing with a situation where one of them is in a position of trust and those are sections 16 70 18 and 19. At the end, he's likely to work in the Children's home. Will be a school teacher. That's far he He could have a sexual relationship with her. She could have a sexual relationship with him on No crime is being committed so long has so long as it's consensual, and the parties are 18 or over 18 or over Can you see how the age of consent is gone from 16 to 8? T it? One of them is in a position of trust. Black, for example, a schoolteacher. The law is that it isn't really a truly level playing field where one of the missing is in a position of trust and lets the other parties 18. It's an additional protection for 16 and 17 consensual sexual activity with people with mental disorders whereby they are likely to be unable to refuse. These are sections 30 31 32 33 the test is likely to be unable to refuse. Aren't any ages in the sections at all. A person might have a mento disability, a te ni age, whereby they're likely to be unable to reviews. Thes sections are designed to be problematic for people who are effectively sexual predators who are taken advantage. People who have a mental condition under the mental health at 1983 whereby they are likely to be unable to refuse that they might have some arrested or incomplete development of mind. Difficult, your client might be saying, Well, as far as I was concerned, this was a consensual sexual activity. I know that she suffers from this mental condition, but so what has she is entitled to a sex life as indeed were both entitled to a sex life? I agree. And if that is the case again, you might consider asking your client to our answer. Depressive of the interview, all drafting a written statement. Remember, the sections are designed to be problematic for those people who want to take a bound teach old. Others who are likely to be unable to refuse advice on sentencing do know your penalties please on the creation or the Events Day. So do be aware that the penalties under the shed rule at the back of the Sexual Offenses Act 1956 are very different from the penalties on under the Sexual Offenses Out 2003. So try and have a working knowledge, please that the penalties available on also, if you haven't done so, go onto the centers in council website on dpoint up the document they issued it many years ago. Now we have guidance in relation to the sentencing off some 50 and sexual offenses Intimate samples device to get to the client. Section 65 of pace contains the full list of intimate samples, of course, because their intimate samples they require your clients written consent with possible at first influences a trial under Section 62 of Pace. If he or she that does not provide the relevant increments, samples now think about whether or not he or she should provide intimate samples. Remember the purpose of taking an intimate sample of penal swore pubic hair comb ings, whatever the purpose is to link the suspect with the victim stroke complainant in the case. Now you might advise your play no to provide intimate samples where, of course, he's saying to you, Well, the incident never took place. We never had sex together, but in those circumstances calls if he or she were to provide only the samples, that might be an evidential link showing that the act didn't take. Did he need take place? So no circumstances. You might advise a client no to provide samples. Okay, there might be adverse inferences, but better an adverse influence and a piece of real evidence linking him with her hippies say the act never took place. Of course, if he's saying to you well, it did take place, albeit I thought she was consenting at then. I see no reason why we need provide the samples, because as soon as he says in his interview what we had sex but that, as it were, obviates the need for the samples. Anyway, the sump was only being requested to link them together in the act. So he's prepared to say an interview. Well, yeah, we have sex or being. I thought she was fully consenting. It seems to may he need not provide the samples. If he doesn't mind, of course, he could provide some bulls and then you'd be able to say it called. My client cooperated with every request that was made. He provided four samples. He was fully Cooper giving the interview answered all of their questions. If he doesn't provide samples, adverse inferences may be Lord on. Of course, the police may take non intimate samples from him, by force, if necessary, to try and put him at the scene or to link him with the victim in the case. What sort of non intimate samples might they take? Well, head hair, which could be taken by force fingernail scrapings again can be taken by false these samples might put him at the scene might link him with the victim in the case. If there's a request for a sample of urine, do think what is obtainable from a sample of urine? A toxicology report in relation to alcohol or drugs? Is it in the interests of your clients that the police on the clown would know what alcohol or drugs well within his system? If the answer is no, it's not in the client's interests that refuse the request. Remember, these are requests for intimate samples. They require your kind written consent and can never be taken by force. And I've already mentioned where the sexual activities consensual that if he or she is going to agree that the actor place anyway, is there really any need to provide the samples matter for the client? Really, he can provide them if he wants to, but I don't think they add anything if he except in the interview that the act took place in seven. What about disposals? Give a thought for disposals, cautions conditional, cautions theater available calls for adults and are available for use. Adults are people who are 18 over use are people who are 17 or below 17. Down to cane can is the age of criminal responsibility in this country. Conditions maybe put within a conditional caution. If it's an adult, it might be a condition of perhaps defying. It might be a condition or perhaps rehabilitation. Attend who feel anger. It might be reparation paying compensation for the damage in relation to use. You can have a fine a condition in relation to reparation. Pay the damage the condition in relation, rehabilitation. Attend groups you will all Selves. It were in a youth condition portion that be required to undergo specified activities as set out by it by the youth of ending service. So that's quite a bit, really that could be put within a condition. Caution rehabilitation periods? Well, there is no rehabilitation period attacking to a simple caution. The rehabilitation period attaching to a condition portion is three months or lower. If the conditions of the caution are complied with within that, lesser or now, if you are offered a portion and make sure the officer has it within his gift, we've got hate and guilt for youth court there as authority that if they offer you a portion, and then they renege on it as seek to charge of the charges. An abuse of process if the officer had that condition, caution or caution within his gift. So this check it might not be within the gift of the officer. In case you might want to firm it up with the custody sergeant, I don't know. You might want to firm the offer up with the duty inspector. If, of course, he or she accepts a caution that got to make admissions in their interview. I suppose it's better than being charged and having to go to called, but it might come back to haunt them by way of bad character later on. It might affect their travel. They might not be able to get a visa to go to the United States if, for example, they have accepted a caution in relation to drugs or some sort of sexual matter, and it might affect their employment. Their potential employer that might know offer them the job that when he or she is made aware at the caution that they've accepted dependent, of course, upon the type of offense. Imagine trying to get a job as a nanny. If you've got a conditional caution for violence, I suspect at the agency are likely to take you on. Of course, if you breach your portion or you reach your condition, caution the conditions of your conditional caution. You're likely to be back at the police station. They'll scrap the conditional caution because you're not complying with the conditions upon which it was grounded. You'll be charged on. Then you'll have to appear in court on the criminal judge. That's like eight on adverse inferences. Well, you've got the sections there. 34 35 36 37 at the Criminal Justice and Public Order Act 1994 Section 37 16 34. Adverse inferences may be floor from his failure to mention fax that a later, alive on a trial 16 35 is an adverse inference from his failure or refusal to testify. Trial Section 36 is a special warning section, a failure to account for objects, substances, all marks that were found upon him at the point of arrest on that failed to account, of course, take place when he's interviewed about the matters. 7 37 is a failing to account for the interview For your persons at all here, the scene of the crime upon arrest, 36 37 are the special warning sections. Please, please, please do be aware the of course. If your client has nothing worth saying, he'll go. No comment. No comment, no comment, no comment, no comment. Every question that's put, whether it's a question. 34 36 or 37 Section 35 at person, quinces off his failure or refusal to testify. Sexually Levin. Criminal procedure in Investigators Act on adverse inferences, of course, from his failure or refusal to provide a defence statement in criminal proceedings. Section 62 of Pace on adverse inferences from a failure to relied intimate samples requests to participate in identification procedures. It's not an adverse in print section or though, of course, it might be the subject of comment but trial that he or she didn't participate in identification procedures. Requests to provide samples of handwriting requests to be due to give consent for bank accounts to be searched. These are not adverse in front sections, but of course that they might be the subject of comment by way cross examination at pride. If, of course, he doesn't want to cooperate in identification procedures that absolutely fine. His consent isn't really required in the sense. Or if he doesn't consent logos do it covertly. Anyway. They got easy meat from the custody suite that compartment DVD. They'll show it to relevant witnesses. Whether he's cooperating in all of this or not, I don't think they really bothered whether he cooperates. All know in this day and age side night, the interview and your role within it all set out for you in code D. Code D. Notes the guidance. 66 D Your role in the interview The things you can do for the client, then you'll know, permitted to do for a blind like arts in the questions, or lighting the answers down fame to read out the consequences that may flow from engaging in the prohibited activity you might, as it were, be told. Well, don't engage in that behavior anymore, will you? Because if you do, we're going to have you ejected from the interview. Of course, before your rejected, you should be given an opportunity to have a chat with an inspector who will decide whether you will know you should be ejected from the interview. So here's some tips. One. Don't answer the questions off the price. Bihar two Don't like the answers down for the client to read out. Three. Go into that the officer when he or she is trying to formulate the question for Don't interrupt the client. Who's tryingto aren't sir. Request. You wait for the question to be put, you can turn to your client. Join the interview safe. I'm advising, you know, toe. Answer that question. Wait thing to answer. If it's a greedy, no comment, you could turn to him to say you've answered that question. You want to answer their questions. You can answer their questions if you want to. If you don't want to answer their questions, the response is no comment. If he answers the next question, you might want to consider asking for the interview to be suspended. Whilst you take your plant outside and give him some further legal advice. You have no right to stop you. If you want me Indian stopped. You must ask for the interview to be suspended. Your kind has the right to stop the interview on to consult again with you in private under pace, the client to makes admissions and then begins to deny the matter in the interview. Well, assuming you advised him to go no comment because he's made full admissions to you. If he begins to deny the matter in the interview, you might consider the your professionally embarrassed. You might wait for a couple of questions on, then ask for the interview to be suspended, and you be perfectly within your rights centre, sailor and sorry you made admissions to me. We agreed you were going to go comment. I really don't want to sit next to you whilst you are lying to the police by putting forward a denial. I am professionally embarrassed under to leave you now. But if you want another lawyer, that's fine. I'll tell the custody officer that I'm having to leave or I'm going to leave on that. You would like another lawyer to come along on a system. I didn't tell you, didn't I? In the three interview consultation that you were to go? No comment and you agreed you would go. No comment because you made full admissions to me and you didn't want to admit it to them, but now you're lying. Join your interview by putting forward a denial, and I just don't feel comfortable sitting next to you whilst you're lying to the police. The alternative is to sit with that client throughout the interview whilst he or she is lying to the police on then to leave at the conclusion of the interview, without telling the police while you go, you could simply say there are professional issues. I am leaving. Is the title is it light entitled to mute? Yes, is entitled to look at the ceiling. Yes, is entitled to look at you? Yes. Is he entitled to look away from the officers? Yes, he doesn't have to look at anyone you want to look at, and he certainly doesn't have to talk. If he doesn't want to, you could be mute. It doesn't have to say no comment. No comment, no comment. Some plants, you know, finding easier if they are mute during their interview. It's like 10 advising in the area. Credit. This is difficult, really. But we do have the case of Caylee and others in which the Lord chief justice said look, credit comes into play on an indication of guilt at call. But if your client wants to make full admissions, show rebels be cooperative in the interview, that is a valuable plank of mitigation on a guilty plea on the court might start the sentence at a lower starting point to reflect the admissions it with On. From that lower starting point, the court will deduct whatever credit is coming. The clients way dependent upon the stage of the proceedings at which he or she indicated guilt, tackled some examples of where the advice might be highly relevant. Well, it might be relevant where it's a case where but for the admissions in interview the Crown would find it difficult to bring the case home. Might be that, as a result of those admissions, Children or other people, sexual cases knew from an early stage that they need not have to give evidence all. Where is the result of those admissions? Other people who were under suspicion are no longer under suspicion. Kayleigh and others worth a read 2000 12 possibly the most important case for criminal practitioners in 2000. The obvious disadvantage of making early admissions of course, is that he or she will be a guilty plea. That call. So do you think they really all be making those admissions? How about very no comment? No comment, no comment and just keeping your power. Has a client always being entitled to a lower sentence if he or she makes admissions in an interview? Yes, there's nothing new about any of this. And see the comments of Lord Bingham in the earlier case of Hands, in which case in which he said that admissions in an interview might result in the court suspending a prison sentence at rather than sending the defendant to prison on the day. How much credit? Well, the 20% rule has gone. It's going to be a full one third, but that comes into play on an indication of guilt at the first hearing in the magistrate school. So do you think about you? Don't run away with the idea that the client should be making admissions just to get the centers at a lower starting point? Should he really be making those admissions? If he's making those ambitions, he will be a guilty plane and of course he will be a guilty plea to whatever he's charged with. There's no room for maneuver or negotiation of called If you've given to the prosecution full admissions, an interview to the offence with which he has been charged. There's a lot to be said, you know, for keeping your pounded wrongly and going on. No comment, no comment, no comment. If all you're gonna do is make admissions in a police station interview, But you are obliged to point out to the client debates admissions to you that it might affect his sentence. The fact that he's chosen to have a no polity slide heaven advising on costs, dear he really to advise on costs for all that stays. Don't let it old to your advice, please. There might be jolly good reasons that going no comment, but I just brought to your attention the fact that if he does go no comment, it might result in the refusal of the defendant's costs order whereby he doesn't get his costs even though he's acquitted at trial. Those costs, of course, are going to be taxed at legal aid rates anyway, so he's not going to get back anything like the full about he's agreed to pay his lawyer. I'm not. They are not saying if you advising to talk, because it might depend costs on really saying to you if there are good reasons, the signs, they're jolly good reasons for silence just point out that it might affect these costs. The fact that he's chosen to have a no comment interview just in case, the judge says, Well, there's no dependence costs order. I know you want your case, but you did have a no commenting Keep a good note. Cleans. It might be particularly relevant at the Crown Court. If your kind is being refused at legal aid on these pain privately, the time might be involved. What happened? You said, Well, no costs you because you know, commented you give you it's nitro, advising the air of complete classic circumstances, which you might find yourself in conflict. Your first client says to you, but it's nothing to do with me. It's all gang to my name. Please. If your classes is nothing to do with him, you're probably going to be advising him to talk and say it's nothing to do with him. Gashi by. He would be blaming his mate in no circumstances, of course, you are really conflicted. And you should not be representing his mate. Why? Well, visual first client blaming the second client. So go and see the second ply and telling that you've got professional. Typical DUIs Advise him to perhaps see representation of someone else. But it can't be you and it companies now, in most circumstances, because you haven't taken the instructions from the second line, you could keep the first Klein. But you must lose the second if you take instructions from the second kind. And you learn things from the second trying, which would benefit the first climb. But you can't tell the first client because, of course, what the second client says to you is confidential. Then I'm afraid you just lost both clients. It is a growth breach of your professional duties. Your client to represent them on withhold information from them. So very, very, very rarely your might by yourself losing both lines. In order to avoid this, you should not take the instructions off the second line. Of course, if you do lose both plans, you're still entitled to war police station for a year. That the contract says that you cannot have a fee that for the client for whom you're in conflict so that you can't have multiple beanies. If you're in conflict and have to withdraw, the police station stayed, but you'll always be entitled to want. Will the news solicitor attending be entitled to a V A. Resounding yes, because you had to withdraw war because of conflict. This DP's know your defensores common law defences, self defense, your s statutory defences without good cause without lawful authority without reasonable excuse and who bears the murder. But most of the time of its a statutory defence, you will bear the burden off raising that defense evidentially the burden falls will then move to the crown to show effectively that that defense isn't open to you. The obvious advantages of laying down the defense of the police station stage. It goes to consistency, you would say, Look, my client is saying that trial Exactly what he said to the police that when he was interviewed, you could've put the defense down in a written statement if you want to and read it out during the currency of the interview, please, Please, please have your common defences available at the police station on your smartphones. Tablets, whatever you're allowed to take to the police station with you. Of course. After that at No, Your defenses, please. Under the Sexual Offences Act 2000 and three on the Sexual Offenses Act 1956 Requests, requests compliance. Stifle teen request that you make a phone call on his behalf walls. He is being detained. Well, be careful with this. Not a problem. But you must run it past the custody officer birds and get permission to make a phone call on your plants. Bihar lost is being detained. Do not allow you applying to manipulate you. You don't know why he or she is asking you to make that call. It might be to alert other people still at large. It might be so that evidence could be disposed off. So be very, very, very wary on never, ever make a phone call on your plants Bihar without the custody officer grounding you consent to the making a request that you tell his mate what he's told you before. They are both interviewed. No, never, ever, ever relay information between clients prior to interview please it might be construed as an act designed to pervert the course of gases. A request that you do not let the police know his true identity. Know if you know your kinds true identity and it's different to that on the custody record. If the client isn't prepared to come plead, you must leave that police station. Of course, you wouldn't tell the police why going? But you cannot represent someone who, you know, has given faults, details to peace, a request that you don't let peace. No, he's suffering from TV. HIV bowler Difficult is name. I think with TB it's highly contagious. I think you bowl is highly contagious. I think you'd probably have to tell the police even if the client didn't what you do. I'm not sure that HIV a mature HIV, is particularly contagious. That t B and E bola. You're gonna have to give some serious thought to your due to you care in inverted commas to protect the police against things like T B and E Bola. These are communicable diseases. A request that you do not let the beast No. He intends to commit suicide. Well, that's a difficult one. You really want to put the peace on notice. If you have concerns that you apply, it might commit suicide in his a request that you've been there during the house search. Well, you don't really want to be there during the house search. If you're there and they find something they will show to you. You're now a witness of fact and you can't represent that client anymore. So no, you're not really to be there at the house. The detention clock do know your clock. Please pay Section 41. The clock starts upon arrival at the station where he's wanted for questioning or it starts upon his arrest. If he's arrested at the police station, having arrived there as a volunteer and it takes 20 four hours, a superintendent could authorize an extension up to 36 24 plus 12 an additional 12 hours making 36 in total. The police can then go to the magistrate for want of for the detention under section 43 on the Magistrates, gone 36 hours on the wall in additon 36. They've already had in that 72 hours the peace and then go back under section 44 apply for an extension on the Weiland of a further £24.24 72 24 70 to 96 hours of sleep. Maximum period of time known terrorism that you apply could be held. Preacher. Don't confuse that clock with the review. Clock reviews Pace Section 60 The review Clock stars Not upon your clients Valuable station but rather when his detention is authorized by the custody, the first review must be no later than six. And I was off the east looking to intention. Reviews. There are there take place every nine hours. Such reviews may now take place by video link. Never get your right to make personal representation, z do the superintendent before the decision to extend his made from 24 to 36 hours. It's therefore you in pace Section 42. There's something nasty talk to a 42 7 47 to 47 7 and the last thing that's tucked away is if your client is baby food on a serious matter to come back on a later date, they re arrest you. If new evidence has come tonight justifying the arrest on making taking back to the police station early on the same offense. And if they do so, would you believe the clock starts again at zero? How very useful to the police. 94 hours. Have the maps on the previous visit to the police station of this nine Disick sound jock, and please want more than two hours with which to conclude the matter. New evidence. Rearrest Taken back early. Cox Stones zero now retention and destruction of samples where this is a war contained within the protection of freedoms. At 2012 it won't apply where you'll climb already has a previous conviction or a previous caution because the act only applies if you've never been in trouble with the law before and if you've never been in trouble with the law before. Quite simply, if they've taken your fingerprints and taking your dean a sample, they can retain those samples for three years. If you've Bean arrested but no charged, arrested but not charged so long as it's a qualifying offence under Section 65 of pace, they do need the consent of the commissioner for the retention of biometric material unless they charged the client in which case, they can keep the samples. The three years No commissioners consent. Quiet the commissioner's consent. His reply. If they arrest but don't charge if they charge three years if he's convicted retention for life if he accepts a caution retention for life. If, of course he's acquitted, they could retain the samples for three years. Why? Because it's three years from judge non qualifying offenses. These are be less serious offenses, offenses not mentioned in section 65 of Pace. The samples, fingerprints and DNA can be retained forever if he's convicted all except sickle ship. Of course, if he's acquitted that these samples should be he raised whenever from the database taken up the database long qualifying events is the result. He's everything and the samples should be strong and that he's convicted all except a Goche revisions or additions to the codes of practice interviewing the detainee when they change their mining. Well, of course, enquiries should be made with the solicitor to try and ascertain what the solicitors arrival time at the police station will be. It made me that once the guy being told your solicitors on his way, I know you've changed your mind But wait, he's going to be here. She's going to be here with you. Say huh? Suspects have a right to legal advice when they be interviewed a home. Even though they're volunteers, they should still be told of their right to have a citizen president. Cosi 6.50 Well worth a read Cosi 6.50 if you around me. But the station on third party instructions to represent somewhat that somewhat must be informed that you survived and you're willing to speak with if that's what to do. But you must arrive at the station and you're probably there are third party instructions you've probably been asked to attend at by a family member. Coated practice A, B, C, D, E, F, G and page. Can I urge you please toe have a read of C, D, E F and G, C, G E and Jean had it? Most important, Pacey See and closely followed by D. But G is an important one as well. At first inferences, Post Charge will occasionally clients of interview post charge. It's all set out in code C 16.5, but if they are interviewed, post charge, that can be no adverse inferences from there. No comment, replies Post charge, because code C 16.5 says So. I'm the most usual circumstance of a client being interviewed Once they've Bean charged, is where you've read out. A written statement in charge on the police. Want to put him back in interview on? Not a problem. He could no comment. There could be no adverse inferences before it's a post charge interview code C 16.5. Do you give a thought to section 54 A of pace. They can remove any part of your plants. Clothing, by force if necessary. Must have inspectors authority. What are they looking for? A mark. A scar, A tattoo inspector. Having given authority, they're removing clothing because they're trying to identify who he or she truly is. All they're trying to link link their involvement in the commission of the events, As in, they've got a video Bare chested man got a tattoo on his back. Has your client got a tattoo on this night? Can you say now? Oh, yes, he can say no. Does he have room for maneuver or not? If the peace insists because, of course his clothing can be removed by force if necessary in order for a photograph to be taken and if matters get out of hand, I can see obstruct Police is a charge. If they really get out of hand, I can see a salt please. As a judge, it's not 19. Can the client avoid an interview taking place? Answer. No. If you look at code E on code, see the most you can do is refuse to leave his son. But that's fine if he refuses to leave his cell. And, of course, the police. Under the case of practicing your into his son, I Did. You get that on the Open Will in a serious case because they want the adverts influences want. They have, you know, common replies. They can have the adverse influences if he no comments the interview, and you probably will if he's the type of suspect is refusing to leave the cell. You can also be the subject of comment. Trying the reports. He refused, telling these Does he have to consent to his interview Being video, we'll know if you look a code F 3.3, which sets out the circumstance in which the custody officer may authorize the interview, which is audio recorded, not to be 20. Do be aware of your limited rights at the police station as opposed to the rights of the client. The right to view the custody record throughout your plants. Detention the right to make representations to respect with the review. Stage direct to make representation to the superintendent before he or she extends custody from 24 to 36 hours. The right to be informed of the witnesses. First descriptions where identity is an issue. The right to make representation before being ejected from an interview on the right to make representations to the custody sergeant on matters of world fair or detention. And finally, at slight 21. What out for these? Your clients premises being searched on a Section 18 pace. Chances are they will do a house search on inspectors authority, particularly they've arrested for drugs or burglary or something of that major whereby there might be useful things in the house. Watch out for the requests for a sample for Class A drugs, have a look at Pace Section 63 Bean on 63 c. It's the arrest really necessary. Try to avoid arrest taking place. See Page Section 24 5 and code G. Depakote Practice Well worth a read is congee. Strip searchers. It's probably being carried out before you arrive at the police station anyway. Have a look at the prerequisites for a strip search cove See Annex A. Have a look at the prerequisites for an intimate surgeon? Marry gold search code. See Annex A. It's certain instances the police can't deny your right up with the clients right toe. Have someone inform that he's being invested on being detained on. They also deny access to a named lawyer. Have a look at code See Annex B. Whether you are, I do hope that's helped your first year. It's going to be a bit daunting. Trust me, it does get easier over time. On the more experienced you get. Well, thank you. And I hope that's being used front. And all that remains is for me to thank you on behalf of data law for watching this particular webinar on for listening to me. I do hope you found it. You spoke, and I know that there are other at Webinars that have been produced by gay Who? Law and I do look forward to your company again in the not too distant future. Thank you very much.