This essential toolkit for all criminal defence lawyers outlines a number of scenarios one may face at the police station – some frequent, and some not-so-familiar situations, as well as dealing with topics such as strip searches, which continue to make headlines. These include:
- Custody sergeant refuses you access to the custody record as he is busy
- Fitness to be interviewed
- Intimate and strip searches
- Advice of appropriate adult
- Appropriate adult (parent/guardian) is a potential witness
- Identification procedure
- OIC tells your client it would be quicker to deal with his/her case with a solicitor
- OIC accuses the solicitor of being obstructive and threatened to ask them to leave the interview
- You are an accredited or probationary representative and have been refused entry into custody
- The interviewing officer forgets to administer police caution prior to asking questions
- Interviewing officer asks irrelevant questions
- Interviewing officer asks multiple or unclear questions
- Interviewing officer misrepresented the law
- Interviewing officer putting words in the client’s mouth/making assumptions
- Interviewing officer mentioned the client’s previous convictions in interview
- During the interview, the interviewing officer is acting in an oppressive manner
- Interviewing officer asking hypothetical/speculative questions
- Interviewing officer puts questions to the client which would potentially attack the character of others
- Sufficient evidence to charge
- Solicitor is concerned about the client’s behaviour or conduct during interview