NOTICE: It is unlawful to send these notes to anyone. Hopefully you find the notes helpful, and in return I ask that you please don’t send
them on to others. To share them, please direct people to download the notes at https://liamporritt.com, where 99% of my notes are
available for free.
Case analysis, police station advice and inferences from silence
Sources of evidence
• Witnesses
• Identification
o Witness identification
o Forensic identification
o CCTV images
• Real evidence
o Drugs found on suspect
o Stolen goods in car
• Forensic and medical evidence
o Seriousness of injuries
o Class of drug
• Circumstantial evidence
o Presenting evidence which infers something happened, rather than direct
evidence that it did happen
• Confessions
Police interview
• S 37 PACE allows CO to authorise detention in order to secure and preserve evidence
and/or obtain evidence by way of questioning
• This includes this interview under caution => transcript of interview read out to the
court and everything that was said / not said placed under scrutiny
• All suspects entitled to consult a solicitor to examine circumstances of arrest and
provide advice (s 58 PACE)
Conduct of Interview
• Must be under caution (COP C 10.1)
• At police station (COP C 11.1)
• Having reminded suspect of right to free legal representation (COP C 11.2)
• Must record the interview accurately (COP C 11.7)
© Liam Porritt 2020 1
, At Police Station – Solicitor’s role
• Protect and advance the legal rights of detainee (COP C NFG 6D)
o Welfare of client
o Obtaining as much disclosure as possible
o Advising client before and during interview
§ May include telling client to avoid giving evidence that strengthens
the prosecution case
• If solicitor behaves such that police cannot properly conduct interview, may be
required to leave by superintendent (COP C 6.9), e.g. where:
o Writing down answers for client to give
o Answering questions on client’s behalf
Legal representation at police station
• Any person, whether or not under arrest and regardless of their means, is entitled to
legal advice and assistance if they are questioned by the police
• Where suspected offence not severe (warrants, non-imprisonable offences etc.) =
referral to Criminal Defence Direct (CDD) – call centre giving telephone advice
o No right to consult a solicitor unless they pay privately
• Where suspect requests particular solicitor, police call Defence Solicitor Call Centre
(DSCC), who contact firm requested
• Where suspect does not request particular solicitor, DSCC contact duty solicitor
• Where to be paid by Legal Aid Authority, representatives at police station must be
SRA accredited, but need not be solicitors
• Duty solicitors (on police station + magistrates’ court duty rotas) require further
accreditation + must be qualified solicitors with at least 12 months’ experience of
advocacy
© Liam Porritt 2020 2
them on to others. To share them, please direct people to download the notes at https://liamporritt.com, where 99% of my notes are
available for free.
Case analysis, police station advice and inferences from silence
Sources of evidence
• Witnesses
• Identification
o Witness identification
o Forensic identification
o CCTV images
• Real evidence
o Drugs found on suspect
o Stolen goods in car
• Forensic and medical evidence
o Seriousness of injuries
o Class of drug
• Circumstantial evidence
o Presenting evidence which infers something happened, rather than direct
evidence that it did happen
• Confessions
Police interview
• S 37 PACE allows CO to authorise detention in order to secure and preserve evidence
and/or obtain evidence by way of questioning
• This includes this interview under caution => transcript of interview read out to the
court and everything that was said / not said placed under scrutiny
• All suspects entitled to consult a solicitor to examine circumstances of arrest and
provide advice (s 58 PACE)
Conduct of Interview
• Must be under caution (COP C 10.1)
• At police station (COP C 11.1)
• Having reminded suspect of right to free legal representation (COP C 11.2)
• Must record the interview accurately (COP C 11.7)
© Liam Porritt 2020 1
, At Police Station – Solicitor’s role
• Protect and advance the legal rights of detainee (COP C NFG 6D)
o Welfare of client
o Obtaining as much disclosure as possible
o Advising client before and during interview
§ May include telling client to avoid giving evidence that strengthens
the prosecution case
• If solicitor behaves such that police cannot properly conduct interview, may be
required to leave by superintendent (COP C 6.9), e.g. where:
o Writing down answers for client to give
o Answering questions on client’s behalf
Legal representation at police station
• Any person, whether or not under arrest and regardless of their means, is entitled to
legal advice and assistance if they are questioned by the police
• Where suspected offence not severe (warrants, non-imprisonable offences etc.) =
referral to Criminal Defence Direct (CDD) – call centre giving telephone advice
o No right to consult a solicitor unless they pay privately
• Where suspect requests particular solicitor, police call Defence Solicitor Call Centre
(DSCC), who contact firm requested
• Where suspect does not request particular solicitor, DSCC contact duty solicitor
• Where to be paid by Legal Aid Authority, representatives at police station must be
SRA accredited, but need not be solicitors
• Duty solicitors (on police station + magistrates’ court duty rotas) require further
accreditation + must be qualified solicitors with at least 12 months’ experience of
advocacy
© Liam Porritt 2020 2
