Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Called in for questioning by the Police, what rights exist?

All matters involving criminal law

Re: Called in for questioning by the Police, what rights exi

Postby Spankymonkey » Tue May 16, 2017 12:41 pm

dls wrote:SpankyMonkey's description fails for prejudice. Yes, the system struggles, but is not generally as bad as he suggests.

To say that a detainees is not told of his right to see a solicitor for free is wrong on two counts at least.

First, it is not a right to see a solicitor, but a right to legal advice. The people who give that advice have passed a course to establish at least minimum standards.

Second, detainees are given it in writing that they have this right.



Then you are clearly reading a different version of PACE to me David. As section 58 clearly states:

58 Access to legal advice.
(1)A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.

A detainee has a right to speak to a solicitor if he so requests and is willing to pay (where he would not be eligible for legal aid). A paralegal or station representative is not a solicitor. The police have no authority to refuse access to a solicitor and offer 'legal advice' instead. Although, via the CDS phone service, they often do.

If parliament had intended the detainee to be eligible for legal advice, then nothing else, then they would not have inserted the word 'solicitor' into section 58.
Spankymonkey
 
Posts: 317
Joined: Mon Feb 15, 2016 8:42 am

Re: Called in for questioning by the Police, what rights exi

Postby DannyJP » Thu May 18, 2017 7:49 am

I am struggling to recollect any case that I have dealt with involving a police interview when the transcript has not read "also present is Mr/Ms Solicitor."
User avatar
DannyJP
 
Posts: 74
Joined: Mon May 20, 2013 5:21 pm

Re: Called in for questioning by the Police, what rights exi

Postby Spankymonkey » Thu May 18, 2017 9:20 am

DannyJP wrote:I am struggling to recollect any case that I have dealt with involving a police interview when the transcript has not read "also present is Mr/Ms Solicitor."


What's your point? Besides which, how many police transcripts have you read where the defendant has subsequently pled guilty? Which is most of the cases appearing before Magistrates.

Not all detainees have the right to speak to a duty solicitor for free. Those that don't are instead given the opportunity to speak to someone on the CDS call centre. Few of them are aware that they can speak to a solicitor of their choosing if they are willing to pay for that solicitor. Once a detainee has spoken to someone at CDS then they may be interviewed by the police. No solicitor present.

With the cuts to legal aid this is happening more and more, particularly with unimprisonable low level offences that do not meet the threshold of eligibility for legal aid.
Spankymonkey
 
Posts: 317
Joined: Mon Feb 15, 2016 8:42 am

Re: Called in for questioning by the Police, what rights exi

Postby shootist » Thu May 18, 2017 9:37 am

Some people will slip through any safety net, others will chew their way through it with a determination that sometimes has to be seen to be believed. Once suspect I interviewed while at Trading Standards was very wealthy indeed and could easily have afforded a decent lawyer (is there any other kind?). Instead he turned up with a friend who was a serving police officer, a senior detective, who correctly remained silent throughout the interview before breaching, on tape, police regulations by giving a character reference for the suspect. As for the suspect, his unmitigated arrogance lead him to bury himself completely. He did turn up with a solicitor at court, where he pleaded guilty on the advice of his solicitor who must surely have wept when he read the transcript of the interview. Fines plus costs totalling some £4,000 were peanuts to a business with a £750,000 a month turnover, but watching this idiot nearly self combust with subdued rage was priceless.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3171
Joined: Sat Aug 10, 2013 9:40 pm

Re: Called in for questioning by the Police, what rights exi

Postby atticus » Thu May 18, 2017 10:08 am

Some economies can be false economies.

Every now and then I am asked to pick up the pieces for someone who thought they would save money and diy. Sorting out the mess is always harder. It is always more expensive.
User avatar
atticus
 
Posts: 18643
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Called in for questioning by the Police, what rights exi

Postby dls » Fri May 19, 2017 4:59 am

Some people will slip through any safety net, others will chew their way through it with a determination that sometimes has to be seen to be believed.


Lovely
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11789
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Called in for questioning by the Police, what rights exi

Postby Scienke » Fri May 19, 2017 1:33 pm

If you're being questioned by the police, is there any difference between remaining completely silent and saying no comment? I can't see why there would be, but the law can be a little peculiar at times.
Scienke
 
Posts: 112
Joined: Sat Apr 15, 2017 8:34 am

Re: Called in for questioning by the Police, what rights exi

Postby atticus » Fri May 19, 2017 2:20 pm

Nope. Both count as not saying anything.
User avatar
atticus
 
Posts: 18643
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Called in for questioning by the Police, what rights exi

Postby Scienke » Fri May 19, 2017 2:40 pm

Thought as much, thanks.
Scienke
 
Posts: 112
Joined: Sat Apr 15, 2017 8:34 am

Re: Called in for questioning by the Police, what rights exi

Postby atticus » Fri May 19, 2017 2:44 pm

The only distinction is that on tape, "no comment" cannot be misconstrued.
User avatar
atticus
 
Posts: 18643
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

PreviousNext

Return to Crime

Who is online

Users browsing this forum: No registered users and 1 guest