Right to Silence Checklist

?
  • Created by: jutnut
  • Created on: 10-07-17 12:08
View mindmap
  • The Right to Silence Checklist
    • Is the Client fit to be interviewed?
      • Is the client mentally competent?
    • Has the Client already given an account?
    • How will the client perform at interview?
      • Is the Client fit to be interviewed?
        • Is the client mentally competent?
    • Do the clients instructions raise a defence in law?
    • Has the client admitted guilt to you?
      • Does the client want to admit guilt?
    • Other Factors?
      • Have the police fully disclosed their case?
      • How strong is the case against your client?
      • Is the client's account credible/ difficult to disprove?
        • Is the matter too complex or too old for an immediate response?
      • The general conduct of the police and the 'atmosphere' in which the invesitgation is being held?
        • Will the client’s co-operation in interview secure early release or prevent prosecution?
          • What mitigation advantages may exist in early admission?
        • Will the police offer an alternative to charge, such as a caution, if the client admits the offence?
          • Does your client have criminal convictions and will your client’s explanation involve an attack on a potential prosecution witness?
      • Should any aspect of your client's account be confirmed before interview?

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal Law resources »