Can A Suspect Be Interviewed Without Legal Representation?

Can A Suspect Be Interviewed Without Legal Representation?A surmise is in clutch for robbery and the OIC wants to oppugn him as soon as possible without effective representation. The custody officer declines this necessitate and a headcounter is brought to the police station. During questioning, it became necessary, in sound out to clarify the hearingees account, to pose questions which had already been asked. The solicitor argued that this is not permitted. There is then a break in the interview and when it is re-commenced the solicitor reads out a pre-prep atomic number 18d statement. analyze the above paragraph and paying accompaniment regard to legislation, case law and the PACE Codes of Practice comment and critically evaluate chthonic what circumstances foundation a suspect be interviewed when legal representation has been withheld. Secondly whether the solicitor is correct in his assumption that questions which admit already been posed bottom of the inningnot be repeated. thirdly the dangers for the defence in submitting a pre-prep bed statements.Word Limit 2500Word Count 2415Circumstances under which a suspect stern be interviewed when access to legal advice is withheldIn order to look into circumstances in which a suspect so-and-so be interviewed in the midst of delayed legal advice access, the criteria which essential be met to make this delay must first be explored. The relevant legislation which governs the delay of legal advice comes from s.58 of the Police and roughshod Evidence Act 1984(PACE), in particular part (6) of the section, which statesDelay in compliance with a request is only permitted (a) in the case of a person who is in police detention for a serious arrestable rudeness and(b) if an officer of at least the rank of superintendent authorises it.The request, for the habits of this section, is a request to have legal access delayed for the suspect. The legislation is summary however, the codes of practise which n eed to be followed in order to triple-crownly prevent legal advice from attending the interview, presents an officer of rank equal to or higher than superintendant, with a number of criteria which must be fulfilled before the delay is granted. Failure to follow these codes could bring the relevant officers up for disciplinary proceedings. Such failure occurred in the case of R v McGovern1, where the defendant was of limited intelligence and was unable to understand the charge. She was denied legal advice, and as such the subsequent confession she made was not admissable in court. Following from this give out of s.58 PACE, the second interview in which she was granted legal advice termin affaird in a confession. However, the conduct in the first interview was deemed to have tainted the second, and so this confession was excessively denied.Delay can only be made for a time period of up to 36 hours, later which legal advice must be granted, regardless of circumstances.2Under Anne x B(Para.1) of PACE, there are 4 criteria from which an officer must find good reason to request a delayFailing to exercise the delay would(i) lead to term of en bring upment with, or harm to, evidence connected with an indictableoffence or interference with, or physical harm to, other people or(ii) lead to alerting other people suspected of having committed an indictable offence just not yet arrested for it or(iii) hinder the recovery of property obtained in consequence of the commission ofsuch an offence3Specific circumstances must be in place to delay access to a solicitor, and there must be clear evidence that the solicitors front end will result in superstar of the four criteria above occurring. This was the case in R v crowd together Ors4, where confessions were obtained whilst in the absence of legal advice. The court heard that there was no detail evidence with regards to the unlawful conduct under part (ii) (above), of the individual solicitor, and that, with regards to the decision making process in passing this delay the number of times that a police officer could genuinely be in that state of belief will be rare.Further more than, the suspect must not have been charged with the offence5, before the delay can be enforced. This was the case in R v Samuel6, where the original article of faith was quashed on the basis that at the time of the interview of the defendant, at which the presence of a solicitor was denied, there had already been a charge of the offence. In addition to this, and in relation to the criteria above, it was deemed that access to a solicitor could not be denied simply by the belief that access might lead to other suspects in connection with the offence macrocosm alerted the prob business leader had to be high. A well-referenced quote was made in this case, from Hodgson LJ, which stated that entitlement to free legal representation was wholeness of the well-nigh important and fundamental rights of a citizen.Equally, a bre ach of s.58 PACE does not always result in a quashed conviction. In R v in alliadice7, the grounds for refusal of legal advice for an interview included the worry that the solicitor may inadvertently warn other persons linked with the offence. The appeal against conviction was refused, as although there was a poor decision on the part of the officer for delaying advice, it was at the judges discretion to reverse the conviction. The judge decided against excluding the evidence under s.78 PACE, as the defendant was aware of his rights, exercised them (including the right to silence), and as such the presence of legal advice would not have changed the outcome of the interview.Finally, the offence with which the suspect is under question for must be a serious arrestable offence. S.116(1) of PACE lists the offences which fall under this category, and whatsoever itemors which may cause a normal arrestable offence to become a serious one. Robbery is not normally an arrestable offence, a nd so for the delay in legal advice to be allowed, there must be colossal circumstances as detailed in the section.8Providing that these criteria have been met, and that correct evidence is present, a suspect interview is permitted to be conducted under Code C (para 6.6) of PACE, a part of the code which otherwise would prevent such interviews from taking place.Is repeating questions previously posed, tolerable?There is no insinuate of limits on repeating questions in the PACE codes of conduct However, guidelines on the subject of investigative interview aims and techniques were published by the firm Office in 1992. Amongst these guidelines were the seven principles of investigative interviewing.9Following these guidelines, which were devised with animated Human Rights legislation in mind10, interviewing officers have a framework within which they can work without overstepping the line with regards to the treatment of suspects. In particular, there is one guideline which influ ences how repeat questioning can be posed.Principle number 4 statesInvestigators are not bound to accept the first answer given. Questioning is not unfairmerely because it is persistent.Therefore, persistent questioning, considering these guidelines, published under the title of The National inquiring Interviewing Strategy 200911is permitted. But at what point does persistent questioning become oppressive? Oppressive behaviour can amount to inadmissibility of evidence examples including confessions12. In R v Fulling13, Lord Lane CJ said that oppression occurred following behaviour which included excercise of authority or power in a burdensome, harsh or persecuteful manner14. In R v Paris15, also known as the case of the Cardiff Three, over the course of 13 hours worth of interview time, a statement was put to the defendant forcefully, along with the question of whether he had committed the offence detailed, over 300 times. Despite no violence being used, this conduct was deemed t o be oppressive. Another case which illustrates when questioning becomes beyond what is expected of the police officer, is that of R v Heron16. In this case persistent torture and questioning along the lines of getting a confession for the murder of a 7 year old girl resulted in the case being thrown out of court. This was despite the tone of the questioning not being aggressive or harsh It was merely the style and purpose of the questioning with which the judge took issue. The result of a report into the actions taken during this enquiry found that the line between robust questioning and oppressive questioning was difficult to draw17. However, these are exceptional circumstances in which repeated questioning has been deemed to have gone too outlying(prenominal) there are few reported cases. For the main part, the investigative guidelines are the key to allowing repeats of questioning. Code C (para.11.5) of PACE also guides the police officer to not use oppressive behaviour whils t conducting an interview.For the PEACE model of investigative interviewing, repeats of questions mentioned previously are a fundamental of the account clarification section of the model. The model is the standard start point from which all policing interviews are carried out in the linked Kingdom, and as such, the guidelines must be clear. Without the freedom to ask questions repeatedly which may have either not been answered fully previously or without any conviction, then it becomes harder to ascertain the truth behind events the main aim of investigative interviewing. Another of the principles of investigative interviewing confirms thisWhen conducting a suspect interview, police officers are free to ask questions in order to establish the truthThe Dangers of Submitting Pre-Prepared StatementsThe purpose of handing in a pre-prepared statement is to provide a written copy of the details of the case, from the defences point of view, usually at the beginning of a suspect interview. If the statement contains adequate levels of detail, and covers any facts which are mentioned in court fully, then it has the power to negate the drawing of adverse inferences. An illustrate of when such inferences can be drawn can be found under s.34(1)(a) of the Criminal Justice and Public Order Act 1994(CJPOA), which readsWhere, in any proceedings against a person for an offence, evidence is given that the accused-at any time before he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in his defence in those proceedings.As questioning under caution is mentioned, the statement should be handed in once the caution has been given. But what happens when the statement fails to give sufficient important value? Mentioning a fact in court which was not mentioned in the pre-prepared statement, save would have been reasonable to include in such a docum ent, is one danger. In R v McGarry18, the defendant relied on facts which were not present on the statement which was handed in. There was merely flesh on the finger cymbals of that account, and an adverse inference can be drawn based on the reliance of such evidence in the proceedings, as in s.34(1)(a) CJPOA. Failure to mention basic facts which would have been reasonably expected in a vital piece of evidence is another danger in submitting a pre-prepared statement without thoroughgoing planning. Planning can be done prior to any interview in private between defendant and legal advisor, as the pre-prepared statement is a legally privileged document, and as such the police have no right to enforce access to it. In R v Bourgass19, the appellant had picked up a knife and stabbed 4 officers. He was convicted of murder, and then appealed based on admissibility of evidence. When analysed, the pre-prepared statement which was given at the beginning of the original interview provided no i ncursion as to the reasoning behind why the appellant wished to escape, nor did it try to persuade that the use of the knife was in self-defence. In court the appellant relied solely upon this statement, and gave no other testimony in front of the jury yet it contained such little in the way of a defence of his actions that the statement proved pointless, and the appellants conviction was held.It is not the failure to answer questions which can introduce the possibility of adverse inferences but rather the failure to provide sufficient answers in the prepared statement, as in R v Knight20. In this case, despite failing to answer any questions in interview, the defences pre-prepared statement was enough to negate any wrong doing under s.3421, and so the appeal was allowed and the conviction was overruled.22However, this ruling came with a warning from the presiding judgeWe wish to make it crystal clear that of itself the making of a pre-prepared statement gives no automatic immunity against adverse inferences under section 3423Adverse inferences can also be avoided providing what is said in the interview is in line with evidence found in the pre-prepared statement, as in R v Ali Ors24.The credibility of the suspect can be put under question if 2 statements which do not match in character and account are put to the court A pre-prepared statement and an oral statement. Under s.119 of the Criminal Justice Act 2003,(1) If in criminal proceedings a person gives oral evidence and-(a) he admits making a previous inconsistent statement, or(b) a previous inconsistent statement made by him is proved by virtue of section 3, 4 or 5 of the Criminal action Act 1865 (c. 18),the statement is admissible as evidence of any matter stated of which oral evidence by him would be admissible.This legislation means that some(prenominal) types of statement must be taken into account by the court, and both are admissible when the jury are making their decision. The decision must be ma de in light of the ruling in R v Argent25, where 6 guidelines were put in place to decide when an inference could be inferredThere must be proceedings against a person for an offenceThe alleged failure to mention a fact at trial must have occurred before charge, or on chargeThe alleged failure must have occurred during questioning under caution)The questioning must have been enjoin to trying to discover whether or by whom the alleged offence was committedThe alleged failure of the accused must have been to mention any fact relied on in his defence in those proceedingsThe alleged failure must have been to mention a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned.BibliographyCasesR v Argent 1997 2 Cr.App.R. 27R v Knight 2003 EWCA 1977 Paragraph 13R v Ali Ors 2001 EWCA Crim 683.R v Knight 2003 EWCA 1977R v McGarry1998 EWCA Crim 2364 (16th July, 1998)R v Bourgass2005 EWCA Crim 1943 (19 July 2005)R v Ful ling1987 2 WLR 923R v Paris (1993) 97 Cr. App. R. 99R v George Heron, (November 1993) UnreportedR v Samuel 1988 1 QB 615R. v Alladice1988 Crim. L.R. 608R v James Ors 2008 EWCA Crim 1869 (30 July 2008)R v McGovern(1991) 92 Cr. App. R. 228Case Study Depression and Dementia CareCase Study Depression and Dementia CareIntroductionMr X is a 78 years old gentleman who has been admitted to a busy craziness unit six months ago. He was admitted from home following increasing lethargy, first gear and reduced mobility. Prior to the admission he was diagnosed inter alia with Vascular Dementia. He communicates verbally with no difficulties, using very wide vocabulary however can mix up words and statuss. He was assessed as neglecting capacity to make in mixed baged decisions. Mr X has one missy who is of the opinion that her father lacks incursion into the difficulties he was having at home believing that he was managing fine. Mr Xs wife (Eva) died few months ago, in a hospital suffering f rom breast cancer. Mr X was very involved into her care throughout the illness and cannot accept the loss.Problem assessmentMr X, does appear to have an understanding of the sourroundings albeit he is very quiet approximately of the times almost like having no intrest of what is happening around him. He appears unable to generate any enthusiasm.Mr X remains independent in legal injury of personal care, use of facilities, eating and drinking and requires minimum assistance and maximum encouragement and prompting. He is able to mobilize with a zimmer frame, though come along to feel best sitting in a chair in his room, even at meals or activities times.In relation to the above tercet main problems that interlock have been place1. Depression and its effectsMr X cannot reconcile yourself to the loss of his wife, changes in life his physical and mental health resulting in depression and progress in dementia. He appears isolated, lost a lot of weight apathy and withdrawal are present affecting seriously his ability to perform everyday tasks.According to him, to his miss and to the information gained on assessment using Initial Dementia Assessment (IDA) he used to enjoy reading books, travelling and had an outgoing personality. The IDA indicated that the dramatic change and deterioration in his condition was noted when his wife passed away and he was told that he is having dementia. On the Mini-Mental State trial (MMSE) Mr X scored 20/30 which could suggest that his dementia is not severe and that there may be other reasons for his withowal. His score could have been slightly amplify because well educated people like Mr X find thequestions easy to answer (Marshal at al 1983) but he could be described as smallly confused.One of the MMSE questions colligate to language skills was about writing a sentence about anything. Mr X wrote a short statement Eva is not here and I have dementia.Research deliver that coping and getting along with the diagnosis of deme ntia is a time-consuming process a lot related to a range of emotions such as fear, shame, guilt, sadness, bitterness, isolation and helplessnes. (Alzheimer Europe, 2009) Mr. X appeared to feel overwhelmed by those emotions.Paying attention to non verbal signs of Mr X bevaiour helped supply to look into his case further. He often avoided eye contact, showed no inattentiveness his appetite decreased and his posture expressed tiredness of living. Studies of nonverbal behaviour indicators in show that this type of signs are often related to post traumatic stess disorder ( PTDS) and that men are more likely to show depression in a form of isolation and withrowal (Stratou at al, n.d.).2. Upset family relationshipsAssessment tools demonstrated that family was very important to Mr X.When communicating with the missy lack of understanding dementia, depression and PTDS were set as an important factor contributing to Mr X situation. Evidence show that above named health issues have an m ove on family sections relationship difficulties are viridity and it it not easy to understand the loved one. ( Alzheimers Society, 2013). The main concern was no communication with the father and unwillingness to spend time with him to alter him to accept his chalanging situalion. She could not imagine that her normally happy and sociable father was so depressed, and in addition diagnosed with dementia which meant he became a stranger to her.3. challenge behaviourWhilst faculty members were doing their best trying to motivate and encourage Mr X to get more involved into his care and the care home life, Mr. X refused everything or simply ignored them. The efforts had a negative impact on him and caused reactions such as pretending to be dependent and irritating staff. These types of reaction have been identified by Wallbridge as types of aggression called active resistance ( Wallbridge, n.d.). Staff then presented negative attidude and disaffection towards Mr X. Evidence sugg ests that behaviours, including uncooperativeness, staff find difficult to cope can lead psychological stess amongst staff and discourage them to deepen knowledge related to the health problem of the patient. ( Brodaty at al, 2003)PlanningFrom the above assessment a list o goals have been created in order to improve the quality of life for mr X which is aimed to be archived throughcreating an environment where Mr X could feel emotionally safe, back up and understoodhelping him understand, manage and accept his condition .Lowering the level of lethargy and depression and stimulate functional ability, social contact and activity by further him to talk and listen to what he is sayingStimulating and motivating Mr X to create new habits related to maintain his physical independence, eating and help him use his potentialinvolving Mr Xs daughter into care and help her understand the complexity of her fathers condition to make the psychosocial interventions better and improve Mr X behavio ur and mood as well as increase his acceptability of the care home settings. Encourage her to let Mr X know that she cares about him and to ride out in contact with him by visiting him, taking him out, calling etc to minimise the isolating experiencetraining for staff in relation to challenging behaviour and dementia awareness, communication, behaviour and work related stress precautionThe desired outcome is partially based on the outcomes from the research done amongst people with mild dementia and suffering on depression that have successfully managed to improve their lives, that was done was done by the social work department of University of Stirling for the Scottish executive. (Scottish executive director Social Research 2005)ImplementationIn relation to problem 1Assessment using IDA and MMSE indicated that Mr X condition is affected by depression. Further probe has been done. GP and the Liason Psychiatric Nurse have been contacted and involved.Mr X scored 23/30 in the Geri atric Depression Scale (GDS) indicating severe depression. (Yesavage et al, 1982)It has been decided that his depression should be addressed first because it was the major factor preventing Mr X from enjoying life similarly to like he used to. It is known that the effects of depression go far beyond the mood ( Smith at el. 2014).In Mr X case this had an impact not only on his energy, appetite, and physical activity but also on his relations with family and staff.In relation to the weight loss Malnutrition Universal Screening Too (MUST) (BAPEN, n.d.) has been used. Initial MUST score was 0 with healthy BMI but due to his poor appetite the score rose to 1 within 3 months. Therefore his dietary intake was documented in a form of Food and Fluids Record Chat ( Care NHS UK, n.d) and his weight was monitored every two weeks.In relation to diet intake Mrs X was offered meals according to his likes suggested by his daughter and accepted by himself which significantly increased the likehood o f an consumed meal .After 2 months his weight stabilised. He remains poor eater and therefore his meals contain more calories. His weight is before long monitored once a month and is not a concern anymore. Changes are documented in his care plan that is evaluated every month.Studies show an association between depression and increased mortality in older adults. Factors identified in Mr X case included poor adherence , lack of physical activity, cognitive impairment. ( Gallo et al 3013)From the point of his medication, a rviewd was requested by the GP and and it has been suggested to discontinue Paroxetine(Seroxat) and commence on Amitriptyline. Both belong to antidepressants but spay in side effects. ( NHS plectrum, 2013). In addition it has been requested to commence Mr X on regular laxatives as episode of constipation have been noted. Currently Mr X bowels are monitored and documented on bowels chart on daily basis. No concerns have been noted.In relation to problem 2Reduced sense of purpose was identified as the main co-existing factorTo help Mr X overcome this problem (which he expressed clearly during the MMSE mentioning the loss of his spouse and dementia diagnosis) his daughter was asked to participate and although she was initially sceptical she brought meaningful memoralia and small pieces of furniture to help him feel like home. Staff gave her assistance and explanation in relation to dementia and depression. She was also offered help and given reassurance in a form of Family Support Meetings organised by the home. The initial scepticism disappeared with gaining awareness of the illness. She became Mr X advocate and currently holds medical and financial power of attorney for him. ( Office of the Public Guardian, Scotland, n.d.) Furthermore her two sons come regularly to visit Mr. X, they often take him out for a meal or call him to find out how he is.Staff has also managed to discuss one the most sensitive matters related to Mr. Xs End of Life s uch as DNACPR certificate that is present in Mr X file in the event of need. Mr. Xs relationship with his daughter and grandsons appears happy. The daughter stated that this helped also her to resolve personal problems she feels acknowledged by her father and therefore valued. There is a Family/Relatives Communication part in Mr X care plan and a book in Mr X room where any suggestions, complaints or comments can be made by staff members or by the family .(U.S National Library of Medicine, 2011)The relation with staff can be defined as very good. A persons family is often the most important, long-standing connection in their life. Therefore, the ability of staff to work demonstrablely and inclusively with families and carers is a core staff skill.In relation to problem 3Most of the staff required training to help them understand the nature of behaviour that challenges. The importance of the training this became so vital that it is now one of the mandatory trainings every member of staff has to attend. Skills that were aimed to be improved included addressing challenging behaviour, person centred approach and communication skills (Skills for Care, 2013) Many staff showed the need to be trained in related to stress management (Wallbridge, n.d.) The future aim is to create a team that focuses on peoples assets and life outcomes. A team that is confident of their roles and impact on Mr X and any other client, willing to contribute and encouraging new members of staff to learn.EvaluationSummarising, Mr. X case has been an example of mostly successful process of assessment and implementation of the planned actions. There was and so called multi agency approach to Mr X needs. Assessment tools helped in the identification and articulation of the needs and contributed to positive changes leading to holistic, personalised approach to them. Recent changes to the social care management and the need to comply with the Public Services Reform Scotland Act 2010 contributed t o the awareness in relation to staff due to the accent on the importance of systematic and sensitive assessment.Mr Xs continuing care did not require up to now any specific nursing interventions.The difficulty consisted of identifying the roles and the division of work.Mr Xs case proved that there are different functions staffs have to have a go at it that contribute to the optimum health and overall wellbeing of older people such aspsychosocial and emotional house enabling life review where the family support was crucial but required time to functionwork aimed at maintaining his independence and functional ability that continues to be improved through the aspiration of a well functioning team work.educative teaching self-care activities by encouraging physical activitymanagerial- directions in terms of who and when undertakes the administrative and supervisory responsibilities could have been improved.All the above reduces to good knowledge, awareness, and experience, will powe r to change things for the better and to a well functioning team work. Many things would have been done sooner or could have been dealt with better if we were aware of the need and knew how. This is why it would be recommended to pay more attention to training needs in relation to new regulations, staff assessments, achieving and evidencing outcomes, person-centred care planning.ReferencesOffice of the Public Guardian( Scotland)( n.d.) http//www.publicguardian-scotland.gov.uk/whatwedo/power_of_attorney.aspCare NHS UK ( n.d.) Food and Fluid Record Chart http//www.glos-care.nhs.uk/images/Food_and_Fluid_chart_-_attachment_31_copy_copy_copy.pdf(BAPEN, n.d.) Malnutrition Universal Screening Tool http//www.bapen.org.uk/pdfs/must/must_full.pdfSkills for Care (2013) Supporting staff working with people who challenge services Guidance for employers http//www.skillsforcare.org.uk/Document-library/Skills/ good deal-whose-behaviour-challenges/Supporting-staff-working-with-challenging-behaviour- (Guide-for-employers)vfw-(June-2013).pdfU.S National Library of Medicine (2011) no author Communicating with families of dementia patients Can Fam Physician Joulrnal Vol 57(7) 801802 http//www.ncbi.nlm.nih.gov/pmc/articles/PMC3135450/NHS Choice ( 2013) Antidepressantshttp//www.nhs.uk/conditions/Antidepressant-drugs/Pages/Introduction.aspxMelinda Smith, M.A., Lawrence Robinson, and Jeanne Segal, Ph.D. Last updated February 2014. Depression in Older Adults the Elderly http//www.helpguide.org/mental/depression_elderly.htmGallo, J., Morales, K.H.,Bogner, H.R, Raue, J.P, Zee,J, Bruce M.L and Reynolds C.F(2013) BMJ Helping doctors making better decisions Long term effect of depression care management on mortality in older adults follow-up of cluster randomized clinical trial in primary care http//www.bmj.com/content/346/bmj.f2570Scottish Executive Social Research (2005) Effective Social Work with Older People http//www.scotland.gov.uk/Resource/Doc/47121/0020809.pdfWallbridge, H. ( n.d.) When pushed to the limitMoving beyond a difficult situation http//www.alzheimer.mb.ca/handouts/When%20Pushed%20to%20the%20LimitMoving%20Beyond%20a%20Difficult%20Situation.pdfAlzheimer Society (2013) Understanding and respecting the person with dementia file///C/Users/GEORGE/Downloads/Understanding_and_respecting_the_person_with_dementia_factsheet.pdfStratou,G., Scherer,S., Gratch,J. and Morency, L.P. (n.d) University of Southern California, Institute for Creative Technologies, Los Angeles reflexive Nonverbal Behavior Indicators ofDepression and PTSD Exploring Gender Differences http//ict.usc.edu/pubs/Automatic%20Nonverbal%20Behavior%20Indicators%20of%20Depression%20and%20PTSD-%20Exploring%20Gender%20Differences.pdfAlzheimer Europe (2009) no author Facing the diagnosis Diagnosis of dementia http//www.alzheimer-europe.org/Living-with-dementia/After-diagnosis-What-next/Diagnosis-of-dementia/Facing-the-diagnosisMarshal F. Folstein, MD Lee N. Robins, PhD John E. Helzer, MD (1983) The Mi ni-Mental State Examination JAMA communicate Journal Archives of General Psychiatry Vol 40, No. 7 http//archpsyc.jamanetwork.com/article.aspx?articleid=493108National Chronic Care Consortium and the Alzheimers Association (2003) Tools for Early Identification,Assessment, and Treatment for People with Alzheimers Disease and Dementia http//www.alz.org/national/documents/brochure_toolsforidassesstreat.pdf