Interview Notes

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...

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