By Jane Tyrer, David Lawton, David Lawson
This booklet covers the legislation Societys Occupational criteria in felony perform for the NVQ in legal Litigation. The reader is taken in the course of the a variety of levels linked to facing legal consumers. Why info is required from consumers and its implications, whilst details may be given by means of or to the customer and the standards that impact the recommendation to receive are lined in a pragmatic context.
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Additional resources for Criminal Litigation (NVQ)
Summary: consultation with client before police interview Structure • • • Greeting. Explain your position and role. Outline course of consultation. Information • • 26 Background. Circumstances of arrest and custody. 1 Previous dealings with police and courts. Client’s version. Advice on situation and whether to respond. Client’s decision on whether to answer questions. Explain procedures in interview. Explain how to seek further help. Explain how and when you will advise or intervene and why. Practice.
You should advise him/her, or better, ask to speak to the custody officer directly to inform him/her of your involvement and that your client wishes to take legal advice before interview. PACE 1984, Code C, para 6—note for guidance—provides that where a person chooses to speak to a solicitor on the telephone, s/he should be allowed to do so in private unless this is impractical because of the design and layout of the custody area or the location of telephones. A duty solicitor must give telephone advice before attending at the police station, unless his/ her attendance is almost immediate.
It may well be that at the outset of your practice you attend with a well known member of your firm: you should take advantage, not only of course to observe techniques, but to begin to establish your credibility and authority to act with the officers. If you attend as the result of a duty solicitor referral, your file should show: (a) what time you telephoned the police station; and (b) who you spoke to. If you gave advice over the phone, your file should show what that advice was. If you attend at the request of a third party, eg, the client’s parent, partner or friend, your file should show: (a) the name; and (b) contact details and relationship of that person to the client.
Criminal Litigation (NVQ) by Jane Tyrer, David Lawton, David Lawson