Podcast Location:
Download it here [file size: 20.6 MB]
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This course is aimed to provide comprehensive guidance to criminal solicitors on the important steps to take when advising a client who is being interviewed by the police.

Outcomes:
After completing the course you will:
  • Have learnt the possible consequences of advising a client to remain silent;
  • Have learnt how and when to use prepared statements;
  • Have learnt important points to remember in preparation for the police interview;
  • Have learnt what to do immediately after the police interview;
  • Have learnt when a s. 34 inference is likely to be drawn.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Practical Guide
Sources and References:
  • Criminal Justice and Public Order Act 1994;
  • R v Webber [2004] 1 Cr App R 40;
  • R v Moshaid [1998] Crim LR 420;
  • R v Nickolson [1999] Crim LR 61;
  • R v Beckles [2004] EWCA Crim 2766;
  • R v Bresa [2005] EWCA Crim 1414.

In this CPDcast we interview Helen Curtis, a barrister at Garden Court Chambers, on criminal law and procedure. The focus is on the adverse inferences that can be drawn under s. 34 Criminal Justice and Public Disorder Act from a defendant exercising his right to silence.

Practical guidance is given on the steps to take when advising at a police station to minimise the risk of such an inference being drawn and when it is appropriate to advise a client to remain silent in the circumstances. The discussion also covers the case law relating to the area.

Podcast Added: 23/11/2007

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