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The crucial difference, however, is that the custody officer will not normally have access to the full evidence in the case, and the custody record will not record it. The investigating officer is primarily the source of details about the police case so far. The state of the police’s case and the evidence against your client Prior to gaining access to your client, your consultation with the investigating officer should probe in particular the state of the police’s case and the evidence against the client, both of which are set out and explained under the headings below.
31 Unit 1 Criminal Litigation Whenever an officer is unhelpful, either by denying the existence of or knowledge of the information you are interested in or by using tactics to defer your request, you will need to politely but firmly negotiate in order to obtain further facts. ) You should be able to stand your ground confidently without being offensive or aggressive: (a) make it clear that you understand the police’s position; (b) expect that your position is similarly understood; (c) ask again for the information; (d) record verbatim what is said by way of refusal or excuse.
A suggested checklist for consideration before attending police station • • • • • • • • • • • 12 Client’s name? Location of police station? How was attendance requested? Client’s history with firm? Nature of offence? Is client in custody or attending voluntarily? Research necessary? Is it necessary to inform police station that you are attending? Can you gain information from custody officer prior to attendance? Has the client been given telephone advice? All necessary items gathered? 12 WHAT INFORMATION SHOULD YOU SEEK BEFORE SEEING YOUR CLIENT?