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handy_clauses [2019/12/12 11:33]
frescom
handy_clauses [2022/02/19 12:28] (current)
frescom
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 If the CPS has not already received a file, the prosecutor should request a file from the Police. The Police will supply either the appropriate file, or if this is not yet available, sufficient information relating to the circumstances of the case and the suspect'​s antecedents to enable an application to be dealt with effectively. If the CPS has not already received a file, the prosecutor should request a file from the Police. The Police will supply either the appropriate file, or if this is not yet available, sufficient information relating to the circumstances of the case and the suspect'​s antecedents to enable an application to be dealt with effectively.
 +
 +STOP INTERVIEW
 +PACE Code C 6.6b(v)
 +(v) When the interview starts and the interviewer reminds the suspect of their right to legal advice (see paragraph 11.2, Code E paragraph 4.5 and Code F paragraph 4.5), the interviewer shall then ensure that the following is recorded in the written interview record or the interview record made in accordance with Code E or F: confirmation that the detainee has changed their mind about wanting legal advice or (as the case may be) about wanting a solicitor present and the reasons for it if given; the fact that authority for the interview to proceed has been given and, subject to paragraph 2.6A, the name of the authorising officer; that if the solicitor arrives at the station before the interview is completed, the detainee will be so informed without delay and a break will be taken to allow them to speak to the solicitor if they wish, unless paragraph 6.6(a) applies, and that at any time during the interview, the detainee may again ask for legal advice and that if they do, a break will be taken to allow them to speak to the solicitor, unless paragraph 6.6(a), (b), or © applies. Note: In these circumstances,​ the restriction on drawing adverse inferences from silence in Annex C will not apply because the detainee is allowed an opportunity to consult a solicitor if they wish. 
handy_clauses.txt · Last modified: 2022/02/19 12:28 by frescom