The Role of the Solicitor At the Police Station

Under s58 PACE 1984 a suspect detained at the police station is entitled to free legal advice and to be represented.

The solicitor role at the police station is to protect and advance the legal rights of their client (Code C Para 6) confidentiality.

The initial telephone call may happen at any time from the custody officer advising a suspect has been arrested and needs a solicitor. He can only give you the suspects name and offence committed. You MUST speak to the client:

• Advise the client to confine his conversation to Yes/No answers in response to your questions.
• Confirm he wants you to represent him
• Advise any advice given is free.

DO NOT ALLOW CLIENT AT THIS STAGE TO GIVE HIS VERSION OF EVENTS!

Tell client:

1. When you’ll be attending and what you’ll do.
2. Not to talk to anyone about the case.
3. Not to agree to be interviewed or sign anything, not to give samples or take part in an identification parade without you being there.

The solicitor MUST attend the station immediately if:

• The offence is serious
• And interview or samples need to be taken straight away.
• The client is vulnerable.
• The client complains of being mistreated.
• Representations need to be made about the clients detention.
• The client needs to speak to the solicitor in confidence.

Other steps that need to be taken:

1. Check the law: check the legal elements of the offence the suspect has been accused of so you’re aware of what needs to be proven to prosecute your client.
2. Check old files: in case your firm has represented the client before and what was the outcome of those proceedings and if it’s of the same type of offence. The will also reveal if clients vulnerable.

On arrival at the police station

The custody office is the first person you speak to, giving you basic information about the circumstances. You should also view the custody record and detention log (Code C para 2.4) recording all significant events since the clients arrival. Use the custody record to obtain your clients basic info and:

1. The alleged offences for which the clients been arrested.
2. Time of detention and reason for authorisation (Delay).
3. Any significant comments made whilst at the station.
4. Any samples which may have already been taken.
5. Any identification procedure taken place.
6. Any interview already taken place.
7. Client under any physical/mental disability requiring appropriate adult.
8. Any illness client suffering from or requires medical attention. Or suffering from the effects of alcohol or drugs.
9. Any significant items found on clients person or premises.
10. If clients been in detention for six hours or more, any details of detention reviews and reason why client continued detention has been authorised.

Once you have obtained the basic info you need to speak to the investigating officer to obtain:

• The facts of the offence.
• Disclosure
• Significant statements.
• The next step in the investigation.
• Previous convictions.
• Any witnesses & if they gave statements and likely to attend court.

The client

• The solicitor needs to identify himself to the client and his role and provide free advice and has no connection with the police but to protect his rights. And anything he is told by client will remain confidential.
• Inform the client of what you’re been told about the offence the client has allegedly committed. As well as informing the client of the substantive law and what the police need to obtain a conviction.
• The clients instructions; getting his version of events.
• The nest step the police intend to take. Usually to take part in a recorded interview.
• Prepare the client for interview. Whether to answer questions or not or simply prepare a written statement if client is to give a ‘no comment’ interview.

The solicitor must aim to:

1. Investigate the prosecution case.

2. Obtain info to assist in the conduct of the defence.

3. Avoid client giving evidence which might strengthen their case.

4. Influence the police not to charge or

5. Create a favourable position for the client.

Liability at Common Law

Negligence places a burden upon the claimant to prove:

1. The D owes him a duty of care.
2. The D is in breach of that duty.
3. The breach has caused consequential losses reasonably foreseeable.

Establishing liability for road traffic accidents:

Road users have a duty of care to avoid causing injury to others who maybe injured by their actions. The standard of care is that of the ordinary skilful driver. Drivers owe a duty to take reasonable care to ensure the safety of their passengers.

Funding: Many firms offer a free initial half-hour interview, where they will form a view as to the viability o a PI claim:

• Conditional fee Agreement: Under s58 of the Courts and Legal Services Act 1990, a solicitor and client can agree that the client will pay his own solicitor costs under certain agreed circumstances (usually upon winning).
• After the event insurance: Insured against having to pay the other sides costs and disbursements as well as own. Usually taken out once legal action is required and before proceedings have commenced,

The clients proof of evidence not to be confused with the clients witness statement. The function of the proof is to obtain the fullest possible detail from the client. Usually taken at the end of the interview.

Limitations

• Has the 3 years limitation period expired? If so the solicitor should consider issuing protective proceedings immediately.
• Or request for the limitation period be disapplied.
• When was the client aware of his injury and cause of action.

Steps to be taken to kick start RTA claim:

1. Get the CFA signed
2. Gather evidence (medical records)
3. Issuing letter of claim.
4. Contact witnesses.
5. Deal with any mitigating losses.
6. Consider money laundering.
7. Do an MID search or DVLA search.
8. Obtain a police accident report, from the Criminal Justice Support team.
9. Instruct a doctor
10. Proof of Evidence

Pre-action protocol -Letter of claim: Nominate a medical expert to be agreed by both parties and draft a schedule of loss.