Can a suspect be interviewed without legal representation

There is no express legal requirement that a person suspected of having committed an offence must be interviewed under caution before any decision as to whether to prosecute is taken.

Will NOT increase the length of time you are in police custody. If the police arrest a minor or take her into custody and do advise her of her Miranda rights, the minor cannot be required or forced to answer any questions.

The police should either give you an opportunity to contact us personally, even possibly re-arrange the appointment, or if they arrest you, then they should contact us on your behalf see the above procedure.

As a parent, you might be concerned that police questioning and being part of a police investigation or criminal case could have a traumatic effect on your child. You should make it clear when you re-start that the suspect is still under caution and, if there is any doubt, you should give the caution again.

If the suspect wishes you to write the statement, you should take down their exact words, without editing or paraphrasing.

Records of interviews under caution This is true for even the most trivial offences, e. Provided that you know the name of this firm this should be sufficient. What are my rights? In light of the above, it will only be in very exceptional circumstances that you will conduct an interview under caution by letter.

If so you should be notified of the reasons for your arrest and the custody officer should notify you that you are entitled to a solicitor, free of charge.

Footnotes The latest version of the Codes became effective from October He was convicted of murder, and appealed based on admissibility of facts.

You should not prompt a person who is writing their own statement, except to indicate what matters might be material or to question any ambiguity in the statement. An "interview" is defined by Code C 9 as the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences.

Therefore, you need to consider throughout an investigation whether you need to conduct an interview under caution. If either refuses or neither is present, this should be done by your Approval Officer.

Oppressive behaviour can total inadmissibility of evidence; illustrations including confessions [12].

Interviewing suspects

Sometimes you will receive a request from a defence solicitor for a written list of the questions that you intend to ask at the interview under caution. Thirdly the risks for the defence in submitting a pre-ready statements.

At the same time as the caution, you should say that the person is not under arrest or obliged to remain, and may obtain legal advice. Secondly whether the solicitor is correct in his assumption that inquiries which have already been posed cannot be repeated. Code of Practice E provides for recording using any removable, physical audio recording medium that can be played and copied or on a secure digital network.

They can choose to do so in person or by telephone.Suspects who are not interviewed at a police station are not entitled to free legal advice under the ‘duty solicitor’ scheme. If the witness asks for legal advice, however, an interview may not continue until it has been obtained.

Police can question a child without a parent present and are not required to obtain permission from a parent before questioning the child. However, if a parent is present when the police approach the child or police ask permission in advance, a parent can refuse to allow the child to be interviewed.

A suspect is normally in custody for robbery and the OIC really wants to interview him immediately without legal representation. The custody officer declines this request and a solicitor is certainly brought to the authorities station.

Myth – If you are being interviewed as a suspect under caution by a police constable you are entitled to free non-means-tested legal representation. This is the case regardless of whether you are under arrest or being interviewed as a volunteer.

The longest you can be made to wait before getting legal advice is 36 hours after arriving at the police station (or 48 hours for suspected.

You should never agree to be interviewed without legal representation.

Being arrested: your rights

Some of the most important decisions made in relation to a case are made at the police station. If we are involved at an early stage of an investigation, we are often able to affect the outcome.

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Can a suspect be interviewed without legal representation
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