General Law
A suspect is in custody for Rape and the Officer in charge (OIC) wants to interview him as soon as possible without legal representation. The custody officer declines this request and a solicitor is brought to the police station. During questioning it became necessary, in order to clarify the interviewee’s account, to pose questions which had already been asked. The solicitor argued that this is not permitted and became obstructive in the interview. There is then a break in the interview and when it is re-commenced the solicitor reads out a pre-prepared statement.
Consider the above paragraph and paying particular regard to legislation, case law and the PACE Codes of Practice, comment and critically evaluate under what circumstances can a suspect be interviewed when legal representation has been withheld. Secondly whether the solicitor is correct in his assumption that questions which have already been posed cannot be repeated and whether their behaviour could be challenged. Thirdly the dangers for the defence in submitting pre-prepared statements.
