#13604 - Interview - Advanced Criminal Litigation

Advanced Criminal Litigation

Interview Revision

Interview = ‘The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences’ Code C para 11.1A

• Code C 11.1A Investigating officer must provide you with sufficient information to understand the nature of the offence and why D is suspected

• Seek officers view on bail

• Is D fit and well? Capacity?

• Solicitor allowed to be present Code C 6.8

Opening Statement

I am [name] a solicitor with [firm name] I am now required to explain my role. My role is to advance and protect my clients rights. I shall continue to advise my client throughout the interview and if necessary I shall ask that the interview be stopped in order to allow me to advise my client in private

I shall intervene in the interview if:

• My client asks for all need legal advice

• Your questioning or behaviour is inappropriate

• Information or evidence has been referred to that has not been disclosed to me before this interview

• Clarification of any matter is required or

• A break is required

After receiving legal advice my client has decided:

[Either]

To exercise his right to silence [if appropriate to give a reason for this advice] because [reason]. Please respect that decision. [My client is however prepared to hand you a written statement about this matter.]

[or]

To answer any questions which you may raise which are relevant to my client's arrest all voluntary attendance.

• Can stop interview at any time

• CAN NOT answer questions on client behalf

• Code C 6D can intervene to challenge or seek clarification on improper question

• Options:

  • Answer ALL questions

  • No comment

  • Selective Silence

  • No comment and written statement

Reasons to intervene

Challenge in proper questions

Challenge inappropriate questions

• Wide questions

• Leading

• Statement rather than a question

• Multiple questions

• Hypothetical questions

• Marathon questions

• Rapid fire

Inappropriate police behaviour

• Leading questions

• Misrepresenting the law

• Asserting guilt with no evidence

• Inaccurate summarising

• Own opinion

• Interrupting

• Protracted silence

• Inappropriate demands such as eye contact

• Repetitive questions

• Bullying

• Questioning a defendant’s right to silence

• Questions after denial

Problem behaviour from client

• Defendant distressed

• Lying

• Swearing

• Other unacceptable behaviour

Right to silence:

s34 CJPOA 1994

If under caution and fails to mention facts which are then relied on in defence

Court MAY draw inference that D is lying or did not mention earlier as would not stand up to scrutiny

R v Argent (1997) look at age, circumstances and legal advice given

s36

Marks or signs on body/clothing which are not explained by D

Applies irrespective of a defence

Court MAY draw inference if D...