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20 Dos and Donts in the Police Station

Custody Suite

Speaker: George Dugbo
Date: Spring 2021

CRIMINAL

George Dugbo

Solicitor

MB Defence Services

 

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:

 

1) Custody sergeant refuses you access to the custody record as he is busy

2) Fitness to be interviewed

3) Intimate and strip searches

4) Advice of appropriate adult

5) Appropriate adult (parent/guardian) is a potential witness

6) Identification procedure

7) OIC tells your client it would be quicker to deal with his/her case with a solicitor

8) OIC accuses the solicitor of being obstructive and threatened to ask them to leave the interview

9) You are an accredited or probationary representative and have been refused entry into custody

10) The interviewing officer forgets to administer police caution prior to asking questions

11) Interviewing officer asks irrelevant questions

12) Interviewing officer asks multiple or unclear questions

13) Interviewing officer misrepresented the law

14) Interviewing officer putting words in the client’s mouth/making assumptions

15) Interviewing officer mentioned the client’s previous convictions in interview

16) During the interview, the interviewing officer is acting in an oppressive manner

17) Interviewing officer asking hypothetical/speculative questions

18) Interviewing officer puts questions to the client which would potentially attack the character of others

19) Sufficient evidence to charge

20) Solicitor is concerned about the client’s behaviour or conduct during interview

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