A quick chat with the police – or an interview? You need a lawyer – Legal Voice

Posted December 11th, 2017 in consultations, criminal justice, legal representation, news, police interviews by sally

‘When the police investigate a criminal offence, it may not be necessary to formally arrest a suspect. In the past, it would be common practice that those being questioned by the police were arrested. Now, with the introduction of the 28-day bail limit, it is becoming a more accepted method for the police to question suspects by way of a ‘voluntary interview’.’

Full Story

Legal Voice, 8th December 2017

Source: www.legalvoice.org.uk

Interviewing a ward of court – UK Police Law Blog

Posted June 5th, 2017 in consent, courts, news, police, police interviews, practice directions, wardship by tracey

‘The judgment in Re Ward of Court [2017] EWHC 1022 (Fam) answers with a resounding “no”, the question of whether the court’s consent is required before the police can interview a ward of court. A simple point, one might think, but there was, according to Sir James Munby, President of the Family Division, a “startling lack of clarity in the law” on this issue.’

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UK Police Law Blog, 4th June 2017

Source: ukpolicelawblog.com

Lord Bramall’s reputation trashed because of the Met’s ‘inept’ investigation – Daily Telegraph

Posted February 5th, 2016 in child abuse, delay, news, police, police interviews, sexual offences, witnesses by tracey

‘Operation Midland is dismissed as “inept” after it emerges that the Metropolitan police took almost a year to interview key witnesses.’

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Daily Telegraph, 4th February 2016

Source: www.telegraph.co.uk

Personal consultation with solicitor must be offered before terror questioning, rules High Court – UK Human Rights Blog

‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Detective should face gross misconduct charge over killer’s questioning – IPCC – The Guardian

“A senior detective who ignored the rules governing the questioning of a suspect as he tried to solve a high-profile abduction case should answer a charge of gross misconduct, the police watchdog has ruled.”

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The Guardian, 9th September 2013

Source: www.guardian.co.uk

McGowan v B – WLR Daily

Posted November 25th, 2011 in human rights, law reports, legal representation, news, police interviews by sally

McGowan v B [2011] UKSC 54; [2011] WLR (D) 339

“There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.”

WLR Daily, 23rd November 2011

Source: www.iclr.co.uk

HM Advocate v P – WLR Daily

HM Advocate v P [2011] UKSC 44; [2011] WLR (D) 290

“There was no absolute rule that evidence which had been obtained from an accused who had been questioned by police when he had not been given access to legal advice, but which existed independently of his answers, was inadmissible.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

Ambrose v Harris (Procurator Fiscal, Oban) ; HM Advocate v M; HM Advocate v G – WLR Daily

Ambrose v Harris (Procurator Fiscal, Oban); HM Advocate v M; HM Advocate v G [2011] UKSC 43; [2011] WLR (D) 288

“In principle the line as to when access to legal advice had to be provided before a person suspected of a criminal offence was questioned by police should be drawn as from the moment when he had been taken into police custody, or his freedom of action had been significantly curtailed.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Ibrahim and Others – Times Law Reports

Posted May 8th, 2008 in evidence, law reports, police interviews, terrorism by sally

Regina v Ibrahim and Others

Court of Appeal (Criminal Division)

“Evidence obtained during safety interviews held with a defendant in the absence of his solicitor was admissible at his subsequent trial subject to the ordinary principles governing a fair trial and excluding unfair evidence.”

The Times, 8th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v Ibrahim and others – WLR Daily

Posted April 25th, 2008 in evidence, law reports, police interviews, terrorism by sally

R v Ibrahim and others [2008] EWCA Crim 880; [2008] WLR (D) 127

Evidence obtained during ‘safety’ interviews conducted with a defendant under the provisions of the Terrorism Act 2000 was admissible at his subsequent trial subject to the ordinary principles governing a fair trial, and the over-arching provisions in s 78 of the Police and Criminal Evidence Act 1984.”

WLR Daily, 25th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.