By Jane Tyrer, David Lawton, David Lawson
This e-book 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 number of levels linked to facing legal consumers. Why details is required from consumers and its implications, whilst info might be given through or to the buyer and the standards that impact the recommendation to accept are coated in a realistic context.
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Extra resources for Criminal Litigation (NVQ)
The position regarding access to legal advice is crucial to the client and to yourself. 1 of PACE 1984 state that a person arrested and held in custody in a police station or other premises shall be entitled, if s/he so requests, to consult a solicitor privately at any time. 2 below. 13 Unit 1 • • • Criminal Litigation if the offence is a serious arrestable offence; if the suspect has not yet been charged; if an officer of the rank of at least superintendent has reasonable grounds to believe that access would lead to: — interference with or harm to evidence, or interference with or injury to people; — alerting of other suspects; — hindrance to the recovery of property.
Thus, before your arrival, you must ensure that your involvement has been recorded. To confirm this, when you give your name ensure that you note the name of the person to whom you speak, and the time. Normally, this will be the custody officer. Before setting out, discover what information you can about your client: if the firm has represented the client before, you may be able to check the files, or gain an overview of the client’s history from another member of the firm who has dealt with him/her.
4. 2 both. It may be the case that the custody officer is not the one you speak to in any event (if the shift has changed), so it is even more important to confirm details. 34 below). when s/he was arrested; circumstance of and leading up to arrest; course of custody until present (ie, what has occurred since arrest); when the detention was authorised; (e) whether there has been any other questioning under caution or otherwise, and if so: • • whether the client has made any significant response; whether s/he has remained silent; (f) whether the person, in the officer’s view, is in need of medical treatment or is vulnerable in some way: • if so, what steps have been taken, or what examina tion or advice has been given; (g) whether any fingerprints or bodily samples have been taken or are intended to be taken, and if so: • • what is the legal authority and reason for doing so; has consent been obtained; (h) whether any identification procedures have been carried out or are intended; (i) whether an intimate or non-intimate search has taken place or is intended and, if so; • • what is the legal authority and reasons; has consent been obtained; (j) whether there are other suspects involved.