warn them that they are making things worse for themselves if they are lying and sending the police on a wild goose chase. If it was not X, or if X is likely to say that he was also involved, then better to just say no comment. If the child is disputing the allegations and says that they have an alibi: reality test them on the alibi, pointing out that defences on this basis are rarely successful advise them to say at the beginning of the interview legal advice I want to say that ‘on I had nothing to do with this, I was actually with Y at Z address and I wish no make no further then answer all questions no comment comment’ warn them that they are making things worse for themselves if they are lying and sending the police on a wild goose chase. If they were not with Y, or if Y is likely to break down under pressure from police, then better to just say no comment. Concluding the interview Advise the client about interview procedure: police will tell them their rights and they will need to repeat these back in their own words police will ask their name, address and date of birth answer these questions – police will ask that they confirm the time do this – police will then launch into questioning this is when to say whatever has been discussed – if answering no comment then say no comment to every question picking and choosing – questions to answer can make things worse. Also advise the client about what may happen after the interview: fingerprinting caution, release with summons pending or bail if bail what this means especially about failure to appeal – if remand advise them about the bail justice process and the court processes including any – possible forensic sample application. Remind the client that they have the right to stop the interview and say that they need to speak to you again if they need more advice. Also let the client know how to get in touch with you afterwards to arrange legal representation (or how to contact someone else if you They have a pen and paper so give them a few can’t act). won’t key words to google. Alternatively, you could get permission to speak to their independent person to make a note of contact details to give to them. Conclusion If there are any questions about the information contained in this guide, please contact the author Suzanne Bettink in person or by email at .
warn them that they are making things worse for themselves if they are lying and sending the police on a wild goose chase. If it was not X, or if X is likely to say that he was also involved, then better to just say no comment. If the child is disputing the allegations and says that they have an alibi: reality test them on the alibi, pointing out that defences on this basis are rarely successful advise them to say at the beginning of the interview ‘on legal advice I want to say that I had nothing to do with this, I was actually with Y at Z address and I wish no make no further comment’ then answer all questions no comment warn them that they are making things worse for themselves if they are lying and sending the police on a wild goose chase. If they were not with Y, or if Y is likely to break down under pressure from police, then better to just say no comment. Concluding the interview Advise the client about interview procedure: police will tell them their rights and they will need to repeat these back in their own words police will ask their name, address and date of birth – answer these questions police will ask that they confirm the time – do this police will then launch into questioning – this is when to say whatever has been discussed if answering no comment then say no comment to every question – picking and choosing questions to answer can make things worse. Also advise the client about what may happen after the interview: fingerprinting caution, release with summons pending or bail if bail – what this means especially about failure to appeal if remand – advise them about the bail justice process and the court processes including any possible forensic sample application. Remind the client that they have the right to stop the interview and say that they need to speak to you again if they need more advice. Also let the client know how to get in touch with you afterwards to arrange legal representation (or how to contact someone else if you can’t act). They won’t have a pen and paper so give them a few key words to google. Alternatively, you could get permission to speak to their independent person to make a note of contact details to give to them. Conclusion If there are any questions about the information contained in this guide, please contact the author Suzanne Bettink in person or by email at .
vla-resource-guide-to-giving-pre-interview-advice.docx