A Bird’s eye view of the Responsibilities, Duties and Attributes for Representing Suspects at the Investigative stage.

The investigative stage is fundamental to a criminal case; often it is just the beginning !!!

Effective representation during this phase demands dedication, skill, and a strong commitment to justice.
By safeguarding the suspect’s rights and ensuring fairness, representatives help uphold the integrity of the criminal justice system. Achieving success at this stage is not only a professional duty but also a moral obligation.

Why the Investigative Stage is so important:

The investigative stage of a criminal case is the very cornerstone of justice. It is where the evidence is collected, statements are recorded, foundations are laid, decisions are made, and strategies are formulated that can determine the outcome. Those who attend at this stage of the proceedings to protect the suspect’s right have a profound responsibility to act fearlessly requiring skill, diligence, and unwavering commitment. The weight of this responsibility cannot be overstated, as failure at this critical juncture can have catastrophic consequences for the suspect, undermining their rights and the fairness of the process.
Mistakes at this stage of the proceeding, —whether due to inadequate advice or procedural oversights—can have lasting ramifications. Lord Chief Justice Taylor underscored the importance of this stage, highlighting the duty of those defending suspects to act responsibly and courageously.
Police procedures, governed by the Police and Criminal Evidence Act (PACE), aim to ensure fairness. Therefore, the representative’s role is not passive but must act fearlessly to protect the suspect’s rights. It is critical to hold the system accountable actively, safeguarding the rights of the individual, and maintain the integrity of the criminal justice process by challenging any procedural improprieties.

Consequences of Poor Representation

Ineffective representation at this stage can lead to:

• Incriminating Statements: Without proper advice, suspects may inadvertently harm their case.
• Improper Evidence Collection: Failure to challenge unlawful procedures can render questionable evidence admissible in court.
• Rights Violations: Suspects may face undue pressure, leading to coerced or unreliable confessions.
• Missed Opportunities: Potentially exculpatory evidence or witnesses might be overlooked.

Challenges in Difficult Circumstances

Representatives frequently find themselves working in challenging environments and during unsociable hours, which demands more than just their professional expertise— it also requires significant resilience and adaptability. They often face a variety of obstacles, including Failures within the justice system, which can have significant repercussions, potentially derailing defenses, leading to wrongful convictions, and tarnishing the credibility of the justice system as a whole. Such breaches of integrity not only undermine the pursuit of fairness and justice but also diminish public trust in the legal framework that is essential for societal order. These issues must be addressed to maintain the efficacy and reliability of judicial processes. Common challenges include:

• Hostile environments: Police stations are often intimidating environments. It is essential for advocates to assertively balance cooperation with law enforcement while firmly protecting the rights of their clients.
• Difficult Clients: Suspects may exhibit vulnerability, anxiety, or confrontational behavior. It is crucial to approach them with professionalism and empathy.
• Demanding Work Conditions: Complex cases demand thorough preparation and a commitment of time. This investment is essential for achieving successful outcomes.
• Additional Stakeholders: Involving appropriate adults or interpreters can enhance communication and advocacy by adding valuable perspectives and support. However, some appropriate adults may advise your client with good intentions, by making a poor choice of options. So be on your guard.
• Demands on Legal Representatives: Various influences, such as the expectations and demands of friends and family, can often be unreasonable and challenging to navigate. Legal representatives have a responsibility to adhere to professional codes of practice whilst fostering a positive working relationship with these stakeholders. Consequently, when faced with such pressures, it can complicate an already intricate case significantly. In these situations, it is crucial to remain alert and to approach these interactions with a balance of firmness and courtesy, ensuring clear communication to maintain the integrity of the case.
  Successfully navigating these demands offers an opportunity to demonstrate expertise, maintain calmness under pressure, and adopt a strategic approach.

The Representative’s Responsibilities

To provide effective representation, practitioners must:

• Build Trust: Building a strong connection with the client is key to fostering effective communication. When you establish rapport, you create an environment where open dialogue thrives, leading to better understanding which could be very productive.
• Understand Police Procedures: A solid understanding of PACE, the law of evidence and procedure, and sentencing is essential for anyone attending to a client.
• Provide Informed Advice: Clients need to understand the implications of their decisions, including the limitations of prepared statements and the consequences of no-comment interviews. They also need to understand the advantages and disadvantages of participating in the interview process. Clear advice should be provided, but ultimately, the decisions should rest with the clients.
• Improper or inadequate treatment: It is essential to thoroughly identify any failures regarding the suspects’ Rights and Entitlements and their minimum levels of comfort and respect. Subject to the client’s instructions, raise these concerns with the appropriate officer and address any breaches of established protocols or instances of misconduct. This process involves not only recognizing the issues at hand but also implementing measures to rectify them and ensure adherence to the expected standards.
• Thinking Strategically: Every decision must consider both immediate and long-term impacts on the case. To think merely six inches away from the nose is a grave mistake, the price will be paid in court. Therefore, think twice. Ignoring the broader implications is a serious error. It is essential to think strategically and act with purpose. Remember, always think twice before making a move.
• Negotiation and Advocacy Techniques: Gathering information from the police and advocating for the client’s interests demands diplomacy and persistence.
• Managing Expectations: Clients require prompt answers about outcomes and releases. It is essential to provide clear communication and offer realistic guidance.
• Timing and Challenges: Knowing when to challenge in a police interview or tactics requires experience, judgment, and a sound knowledge of the law of evidence and procedure.

Key Topics for Effective Representation

A thorough approach involves mastery of:

• The Custody Suite: It is essential to understand the Rights and Entitlements of detainees, as well as the protocols detailed in Code C of PACE.
• Interview Preparation: Advising clients about their right not to self-incriminate is fundamental to protecting their best interests. Therefore, it is important to discuss the options available to clients during interviews and to be aware of when a client can request a further conference. Additionally, effectively managing interactions with appropriate adults or interpreters is a vital skill in this context.
• Telephone Advice: It is crucial to provide telephone advice to the client as soon as the case is assigned to the advisor. Initial telephone advice can be given until you arrive at the police station to represent their best interests. This will reassure the client that at least one person is looking out for his interests.
• Decision-Making on Attendance: Considering the benefit criteria outlined in
  the Legal Aid Agency (LAA) contracts while attending police stations is essential.
• Case Disposals: Familiarity with outcomes such as cautions, restorative justice, fixed penalty notices, bail, and remand into custody is essential.
• Time Management and Strategy: Effective planning to optimize outcomes.
• Voluntary Interviews: It is important to explain the fairness and adherence to procedures outside of formal detention. This approach has advantages and disadvantages. On the positive side, an individual will not be arrested, which means they will not be in custody, and their fingerprints or DNA will not be collected. However, there are situations where a person assisting an investigation can be arrested.
  On the downside, statutory benefits such as the Custody Clock do not apply in this context.
• Time Management and Strategy: Effective planning to optimize outcomes.

Attributes for Excellence

To excel, representatives must:

• Have Comprehensive Knowledge: A thorough understanding of criminal law and evidence is crucial; without it, representing a suspect at the investigation stage is likely to be less effective.
• Develop Practical Skills: Effective communication, quick thinking, and sound judgment are essential.
• Use Effective Tools: Reference materials, case law guides, and standardized forms improve preparedness.
  Uphold Ethical Standards: Integrity is key. Breaching your ethical code leaves you alone; no one can help. By maintaining your ethical standards, you build trust and uphold the justice system.
• Demonstrate Resilience: Having the capacity to effectively manage challenging environments and adapt to irregular hours is a valuable asset in this field.
• Advanced Knowledge: Complex cases, such as those involving terrorism or fraud, sexual offences and serious crimes present unique challenges that require advanced skills. Key competencies include effectively managing large volumes of evidence, understanding expert evidence, and anticipating prosecution strategies. To remain effective in these specialized areas, continuous professional development is essential. Engaging in ongoing training and education can enhance expertise and adaptability, ultimately leading to more successful case outcomes.

Ravindra Chandrapala – A Barrister at Seeking Justice Chambers and the
founder of Armchair Criminal