Advising the Suspect at the Police Station: From Custody to Court Room

Introduction

What happens at the police station rarely makes headlines in the High Court or Court of Appeal - but when it does, the implications can be profound.

This 30-minute webinar will consider some of the more interesting decisions over recent years and also whether or not it is worth laying something down at the police station stage if you possibly can, bearing in mind the legal burden upon your client when arguing the defence.

These cases reveal how early-stage actions can ripple through to the highest levels of legal scrutiny.

What You Will Learn

This webinar will cover the following:

• The Memorandum of Understanding issued by the National Police Chief’s Council regarding electronic communication devices being taken into custody suites by solicitors
• Grier and the DPP [2024] - Had there been a breach of Code D where the issue of identification had not been disputed at the police station stage?
• Thomas and the DPP [2024] - The High Court considering, yet again, the issue of access to legal advice before embarking upon the breath test procedure
• The DPP and Ridings [2024] - The burden and standard of proof in a ‘hip flask’ defence case - a good idea to lay something down at the police station if you can!
• Thompson and the Crown Prosecution Service [2024] - Was the Court dealing with a zombie knife? The change whereby such items can no longer be lawfully held in private
• Alger and the Commissioner of Police [2023] - The High Court looking at the ‘necessity criteria’ for an arrest within Section 24 of PACE
• R v K [2023] The Court of Appeal considering the Modern Slavery Act 2015 and the defence contained within Section 45 something clients may wish to raise at the police station stage
• The legal position regarding time spent in police detention - whether or not such time may be deducted from a sentence of custody
• Laying something down in the interview which may or may not be a defence
• Laying something down at the charging stage
• Amendments brought about by the Police, Crime, Sentencing and Courts Act 2022
• Dealing with issues at the police station stage concerning the Public Order Act 2023

This pre-recorded webinar will be available to view from Friday 27th February 2026

Alternatively, you can gain access to this webinar and 2,100+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.