Hello and welcome to this bite size 20 minutes. Webinar presentation on behalf of data at all that my name is calling Beaumont. I was, for many years a solicitor in private practice working in Thames Valley. I'm now a Barry stuff known. Practicing. So what do we go? Police station update two 1019 12 points for consideration. Let's have a look at the 1st 3 encryption and the refusal to reveal the pin number. Watch out for this. This, of course, is dealt with under the Ripper at the regulation of investigator reap Hours act. In certain circumstances, there may be a request from a police officer in the case made to your client, the hell she on give over their pin number or any other details of encryption concerning at mobile phones, cabinets, laptops, etcetera. He may be that your client would not wish for the police to know what's on the relevant at machine, in which case you apply. It might decline that gracious invitation to begin with. Of course, if the police want to take the matter further under Ripper, they can get a Crown Court judges order. And once they've got the order, then the request speeds to be taken very seriously because of declining. At that stage, each renders declined open to a criminal charge, which carries two years on indictment. So I think what I attempted to say is, Don't rush into it, especially if the material would be detrimental to the client's interests. Don't rushing to it. Take it one stage, but you can't 0.2 the necessity crying K via Do please familiarize yourselves with Section 24 subsection five of pace and also code G of the codes of Practice Co GI. That call sets out the young the guidance to police officers as to how their to exercise their discretion as to whether or no on arrest is necessary of the arrest may not be necessary. It, of course, must be necessary in order for an arrest to be lawful on the necessity criteria. A set out in Section 24 subsection fine, useful to know what the criteria are, especially if you've gone to the police station with a volunteer. Do try and avoid UN arrest taking place where you can apart from anything else, details of the arrest may well go get onto the young disclosure and borrowing service database and may be problematic for that kind. Even if nothing comes of the visit and they're not even charged or anything of that nature, pre charge, bail or release under investigation, where we have Bean Policing and Crime Act in 2000 and 17 which is, we know have introduced time periods, but we charge bio where the piece require further time to carry out. The investigation is initially a period of 28 days to recharge Bear, which must be authorized by the inspector. The officer can then apply for an extension to the superintendent, who could extend upto a maximum of three months thereafter. The matter has to be determined by the Mackie. Schmid's many clients now are release under investigation. The downside of this support is that we have no idea how long this investigation is going to take and do. Try and keep in touch with your clients during the investigation period. Email address. Er's mobile telephone numbers Always a good idea. Cools. It means release under investigation on there's no question or him being they. If he is on sale, it's probably because there are fairly strict conditions of that piece require compliance with. If you're not happy with those pre charge bail conditions, you can always apply for the living room reviewed by someone else in Peace Station. But when nothing comes event, you can always apply to the magistrate. Call for them to be reviewed. See Pace 16 47 Subsection three. Okay, lets some over the next three points. The decision to prosecute and the invitation to attend the police station in order to provide biometric petit viel more, more. Clients, as we know, are being released under investigation. They're arriving at the P Stations, volunteers there, leaving his volunteers. Chances are, no one of that stage has requested their thing. Prints on a mouth swab away, he databases. If you look at shake you to to the back of paints, you will find it says that once a decision has Bean taken that this particular person will be prosecuted for the fencing question. Then, of course, they shall be invited back to the police station in order for their biometric material, fingerprints and he and a to be taken and put on the cigarettes. If they decline that most gracious request to attend, they could be arrested without a warrant on taken to the police station, where these matters could be taken from them, using reasonable faults it necessary. See Section 117 of pace. So in some, it may, if ever client gets in touch and said, Look, they decided. Now they're going to prosecute me and they want me back for my fingerprints on my d. N A. Well, assuming the time periods are complied with and have a look a shake you to at the back of pace for the relevant time periods. It is a perfectly normal requests. Cool it. If he's convicted that called, then again under shake you to they can invite him back. But I want them to appreciate that the trigger isn't necessarily a conviction, although that most certainly is a trigger. Another trigger is the decision to prosecute if the time Patriots apply unless attacking shake you to at the back of pace reduction in sentence for a guilty played. I'm sure were aware of this particular document. Guidelines published by the Sentencing Council operative from the first of June 2000 and 17. What's the position if you not only into a timely guilty plea, but you've also made admissions in your interview, you've shown remorse. You've bean cooperative with the police at that early stage in the investigation with The guy wants to say that's nothing to do with credit. But of course it's a valuable piece of mitigation, and it may vote the core, starting the sentence at a lower starting point, then it otherwise would have done very important case to read in this particular area. The comments of the law Keep justice in the case of Caylee and others. See a l. E. Y. December 2000 and 12. I think the Caylee is a decision that who to be read a little more than he's. Don't be too hasty 0.6 to accept the caution. Some things for consideration. Firstly, it's probably going to find itself on the Disclosure and Borrowing Service website and maybe problematic should he or she want a position as a school teacher. Hmm, working with vulnerable people working in the intelligence services, legal services, financial services. So take it seriously. You've also got to give some thought as to whether or not it might be problematic getting a visa if you accept a caution for pain it might in certain instances, put your client on the sex offenders register peace. Do you have a look at shed you three of the Sexual Offenses Act 2000 and three and also Section 82 of the Sexual Offenses Act 2000 Green Section 82 gives you a shake you'il and says, effectively that dependent upon the outcome. This is your period on the register for a cool should. Your period on the register is 12 months for a child or young person and 24 months through adult 18 over Don't, for heaven's sake piece except a caution if you didn't do it, it's not a good idea except in cautions as the path of least resistance. It might come back to her perch you in the future. Oh, it might be cited in evidence as that character, so only advise a client to accept a caution if he or she has truly done the crime points. 79. Do give some thought to the Sex Offender Registry P station. Clearly, you need to have a working knowledge of shake You three that the Sexual Offenses Act 2000 and three and Section 82 at the Sexual Offences Act 2000 and three. If they accept, of course, you for one of those offenses in the schedule, they are likely tohave to register, obviously, to notify the police within three days. News of all the details that please require as part of notification under Part two up the Sexual Offenses Act 2000 and three. Now it may be that you could get them a result of call my way or a sentence whereby they don't even need to register at all Art that isn't it. It isn't an automatic conviction of court, which triggers registration. It's the nature of the disposal of call. So please look at shed you three and familiarize yourselves with those disposals which don't trigger registration. Now you can have a meaningful trying to meaningful conversation with the client at the peace station are still whether or not he or she should accept the caution. All go for a charge whereby you might get a disposal that doesn't register them at all. It's a tough one, isn't it? It's their choice, but shall we just make sure they make an informed choice before rushing in to the acceptance of that do try to keep in touch with clients. I know it's difficult. Where they're released under investigation was much easier in the past when they were bail. To go back means to keep a register, didn't weigh a diary with check that they would you to return. We could also go back with no, obviously fill in the application for legal aid, etcetera, etcetera. In this day and age, people are just released. They go into the ether if you don't keep in touch with them. The chances are, if they do subsequently receive a written charge in a requisition in the post like a turnip of court and see the call duty solicitor, they won't remember you from Adam Allene that you might have lost quite a nominee's case because or that samples both intimate and learning To Mitt. That means many changes in this area. Intimate samples require your clients region consent and cannot be taken by force. No need samples do know replying your client's consent, and he or she could be held down on the samples taken by force if necessary. See section 117 a base. And of course, if the client decides not to provide intimate samples. We've got to warn them about the possibility of adverse inferences being drawn trial. We've also got to warn them about the possibility of being held down and certain non intimate samples take. Remember, the purpose of the taking of samples is to show it begins you link between the client on the complaint or to put the client at the sea of a particular crime and by with peace officer involved in a case hit, the client would consent to providing me with samples. I'd be looking at taking head hair that my forces necessary because we're shedding head hair along the time. That might, well, Lincoln's with complainant or put us up the scene or both. The other thing that became my nine will be fingernail scrapings. Who knows whether or not I might be able to find the complainants d n a. Under his fingernails non intimate, they could be taken by force if necessary. Points 10 to 12.10 the advantages of talking written statements with statutory defences. But of course, if you've got a statue, create defense, the law does say, doesn't it that you must discharge that statically defend you bear a burden. All beard on the balance of probabilities without lawful authority, without a reasonable excuse without good calls, no likelihood that he would have driven. These are all statutory defences whereby the proof shall lie on him. He must raise the issue he must, As the high court put the matter. In comes C U N s on Hammersmith Magistrate Court. He must put the matter in play. What? You could put the matter in plenty by setting it out fully in your piece station interview all by setting it out fully in a written statement and reading it out during the interview. And the advantage of so doing think about it is that he has put his defense in play because the contents of the interview will be a juiced by the prosecution. During the trial, they put the interview in as an exhibit. It means that there is some room for maneuver at trial. You don't as theatrical have to call him to give evidence to put in his defense. Why, Because it's already being put in earlier at the police station stay, it had quit insufficient disclosure where we know don't way that the police have a blind to give us sufficient, inadequate disclosure trying to the interview. That's the case of Jeff three John Howell and the words of Lord Justice Dolls Court of appear 2000 and three. And if you feel you have insufficient and inadequate disclosure, I see no reason why you shouldn't advise the client. Have a no comment interview. Don't interrupt it. As further information comes to light, have a full no comment interview. Have several no comment interviews, if you like, must you're getting your disclosure joining me. You know you can always have another chap with your trying after those interviews take their instructions. And if they're instructions amount with defense, you can always ask for another interview at which to lay down his defense. And if the peace refuse you that further interview, you can always drop the defense by means of a written, written down draft written statement and read it out at the charging Strange. So please, please, please, please, please. If it's a murder for another serious case yet, keep your powder dry. Don't rush into talking. You might not want to talk at all on the first day. Remember the police can keep your plan for up to four days and finally there. 0.12. I've just given you Directive 12 2030 you of the European Parliament of the Council on the fight to information in criminal proceedings. That directive sets out rather neatly the amount of information you should be given. Cry to the interview taking place. The date of the vein, the place of the event, the timing of the event. What? He is the police suspect your client did. Gosh, you might not get that at all by way of disclosure. Try to the interview. What? That's a breach of the directive for starters. Here we go. 20 minutes. Gosh, you go spots very quickly, Disney. Thank you. But watching this particular webinar for listening to May I hope you found it. You saw. And I look forward to your company again in the not too distant future. On another data law, bite sized 20 minute webinar. Thank you
Webinar
Slides
Quiz 
2324 Users
82 Courses
118 Reviews
