Advising clients at the police station - Role and conduct of...

Learning Outcomes

This article outlines the defence solicitor’s role and conduct at the police station, including:

• Responsibilities and professional standards in advising detained clients
• Safeguarding statutory and procedural rights under PACE and the Codes of Practice
• Clear, tailored legal advice before and during police interviews
• Appropriate interventions to prevent unfair treatment and inadmissible evidence
• Identification and management of conflicts of interest
• Confidentiality and legal professional privilege, including boundaries and lawful exceptions
• Duties where a client may mislead the police or court and the requirement to withdraw
• The right to silence and the consequences of adverse inferences (CJPOA 1994)
• Conditions under which confessions or other evidence may be excluded (PACE ss. 76 and 78)
• Handling cases involving vulnerable clients and the role of appropriate adults
• Case management processes at the police station, disclosure, and early prosecution evidence
• Procedural protections under PACE and the Codes, and implications for bail or remand
• Recording and justifying advice and conduct decisions for compliance and later analysis

SQE1 Syllabus

For SQE1, you are required to understand the defence solicitor’s role and conduct at the police station, with a focus on the following syllabus points:

• the full range of defence solicitor duties in protecting client rights during police detention and questioning, especially under PACE and associated codes
• legal and strategic advice in interview, including on the right to silence and the management of adverse inferences (CJPOA 1994)
• proper conduct in police interviews: when to intervene, ensuring client understanding, preventing oppressive questioning, and challenging police misconduct
• identification and response to conflicts of interest between clients, and firm action where such conflicts arise
• understanding and applying the solicitor’s duties regarding confidentiality and legal professional privilege, including boundaries and lawful or ethical exceptions
• processes and rules surrounding disclosure, including initial and continuing prosecution duties, and the solicitor's response to inadequate or withheld information
• safeguarding and representing vulnerable clients, including rules for appropriate adults and specialist advice for juveniles or those with mental or communication difficulties
• recognition of ethical obligations, including managing client dishonesty, the requirement to withdraw, and duties to the court and third parties.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What are the main rights of a suspect at the police station that a defence solicitor must protect?
2. When might a solicitor advise a client to remain silent during a police interview, and what are the possible consequences?
3. What steps must a solicitor take if a conflict of interest arises between two clients at the police station?
4. How does the duty of confidentiality affect what a solicitor can disclose to the police or others about a client’s case?

Introduction

When advising a client detained at the police station, the defence solicitor stands as the client’s principal safeguard, providing comprehensive protection for the client's statutory and procedural rights from the outset of their contact with the criminal justice system. This includes ensuring compliance by the police with the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice. The solicitor is responsible for upholding the client's entitlement to legal advice, their right to silence and freedom from self-incrimination, access to disclosure and fair treatment, and the procedural fairness that underpins their presumption of innocence under Article 6 ECHR.

The defence solicitor’s obligations require not only technical legal skill but also a heightened awareness of potential infringements—whether in the conduct of police or the client's own actions—and the ethical and practical consequences of their own interventions, recording and justifying decisions for scrutiny in ongoing proceedings.

Key Term: PACE Codes
The Codes of Practice issued under the Police and Criminal Evidence Act 1984, setting out mandatory standards for police conduct and the rights and protections of suspects in detention, interview, and investigation.

Key Term: Caution
The required warning given to a suspect before questioning, highlighting the right to remain silent and warning that failure to mention relevant facts may be held against them at trial.

Key Term: Disclosure (at police station)
The process by which the police provide the defence with information, at the earliest stage after arrest, about the allegations and evidence forming the basis of the suspicion or charge.

The Defence Solicitor’s Core Responsibilities

Protecting Client Rights

At all times, the solicitor’s primary responsibility is to ensure that the client’s statutory and constitutional rights are observed—including the right to legal advice, the right to silence, the right to fair treatment, and the right to challenge any unlawful detention or treatment. The solicitor should advise and support their client in the exercise of these rights and monitor for any procedural or practical breaches by police authorities, including improper delay of legal advice or failures in disclosure.

The solicitor must always check that the client has been informed of their rights by the custody officer upon arrival, that the client has access to proper facilities (including interpreters or medical attention if needed), and that any risk assessment undertaken is appropriate and continually reviewed. Particular vigilance is required for vulnerable clients or those with communication difficulties.

These protections aim not only to ensure lawful conduct by investigators but to prevent potential contamination of subsequent proceedings with unfairness or inadmissible evidence.

Providing Legal Advice

A core professional function is to advise on and shape the client's strategy in interview—tailoring that advice to the precise factual context and evidence disclosed. This requires consider­ation not only of the legal framework but of practical realities, including the strength or quality of the prosecution case, the likelihood of adverse inferences, and the client's own position, instructions, and vulnerabilities.

Advice on how to respond to police questions must take account of:

• the scope and adequacy of police disclosure;
• the implications of answering all, some, or no questions (“no comment” interview);
• the potential consequences of silence, including the drawing of adverse inferences under ss. 34–37 CJPOA 1994;
• client vulnerabilities (age, mental health, communication difficulties, etc.);
• the availability or desirability of providing a prepared written statement.

Key Term: Adverse inference
A negative inference the police, court, or jury are entitled to draw if a suspect fails to mention facts in interview which they later rely on at trial, subject to statutory safeguards.

The solicitor must ensure that the client fully understands the caution and the possible consequences of their responses. They must also explain the strategic risks and benefits of each course of action, documenting the advice and the reasons for it in the attendance note, particularly where the evidence is insufficient or disclosure is lacking.

Guidance on Disclosure at the Police Station

The extent and timeliness of police disclosure at the police station is one of the most important practical considerations for shaping advice. The police are required to provide sufficient information about the nature and seriousness of the offence and the basis of their suspicion so that the solicitor can give meaningful advice (PACE Code C, para 11.1A). The solicitor should always press for as full disclosure as practicable, clarify ambiguities, and record the detail (or inadequacy) of disclosure in their attendance note—especially if this impacts the advice to answer or not answer questions.

If the police's disclosure is inadequate or equivocal, it is typically appropriate to advise the client to give a “no comment” interview or to provide a limited prepared statement, ensuring the basis for that advice is carefully documented for later justification. However, tactical silence should not be used to mislead or if the client intends to rely on material facts in their defence.

A full and comprehensive defence statement at this early stage is not required, but the client should be alerted to the risk that silence in interview—if not adequately justified—may prejudice them at a later stage.

Attending and Intervening in Police Interviews

Attendance at interview is essential to oversee and preserve the fairness, legality, and integrity of the process. The solicitor’s role is active—not merely as a silent observer, but as a professional whose interventions are designed to preserve the rights of their client and the fairness of the proceedings.

Solicitors should be seated close to their client and must be able to intervene in a range of situations, including (but not limited to):

• challenging questions or tactics that are oppressive, misleading, intimidating, or unfair;
• clarifying ambiguous or confusing lines of questioning;
• seeking breaks for the client if distressed, unfit, or where further private consultation becomes necessary (for example, if new evidence is disclosed unexpectedly);
• requesting pausing or restarting the interview to advise the client in private on changing circumstances or disclosures made during the interview.

Key Term: Caution
The standard warning that must be given before any questioning as a suspect: “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Solicitors must not themselves answer questions on behalf of the client, nor provide written answers for the client to recite or read out in lieu of personal response. To do so would risk undermining the integrity of the evidence and is expressly prohibited (PACE Code C, para 6D).

When a client needs time to compose themselves, clarify their instructions, or re-evaluate their position based on disclosure or the direction of questioning, the solicitor should actively secure private consultation before the interview proceeds.

When to Intervene

Intervention in interview is appropriate where:

• the police are acting oppressively, raising their voice, making threats, or promising inducements;
• questions are hypothetical, misleading, misrepresent the law, or misstate the evidence;
• prior inconsistent statements or “significant silences” have not been properly put to the client at the beginning of the interview;
• repeated questioning is designed to break down the client's resolve or confuse them;
• there is a risk of self-incrimination based on vulnerable or unclear communication.

Solicitors should always record their interventions and the reasons for any action taken.

Managing Vulnerable Clients and Appropriate Adults

Special care and adherence to code are required when dealing with clients who are vulnerable by reason of age, mental health, learning disabilities, or communication challenges. An appropriate adult must be present for any interview with a juvenile (under 18) or a vulnerable adult, and their role is distinct from, and supplementary to, the solicitor’s function.

Key Term: Appropriate adult
A responsible adult—parent, guardian, social worker, or another impartial and independent person present to assist a juvenile or vulnerable suspect, ensuring their understanding and protecting their interests during police processes.

Key Term: Vulnerable person
A person at the police station who by virtue of age, mental disorder, learning disability, or communication difficulty may have difficulty understanding the significance of actions or communicating effectively with the police.

The appropriate adult is not simply an observer; they are there to support, advise, and assist the suspect, aid communication, and ensure that police questioning is being conducted properly and fairly. Their presence mitigates the risk of obtaining unreliable or unintentionally self-incriminating evidence.

The solicitor must check that the appropriate adult is suitable—unconnected with the investigation or victim, of sufficient maturity, and not the subject of any express objection by the suspect. Where a parent or guardian acts as the appropriate adult for a child suspect, but is inappropriate (for instance, if they are also a victim or a witness to the alleged offence), the police must arrange for an impartial person.

If a parent acting as the appropriate adult is disruptive or impedes the fairness of the process, as in repeated interruptions, the police can only replace the appropriate adult with the express authority of a senior officer (superintendent or, if unavailable, an inspector). Before removal, the adult must be warned and given a chance to respond; only then should a new appropriate adult be arranged so that the interview can lawfully continue.

The solicitor also has a role in ensuring that the client is fit to be interviewed—and should raise concerns promptly if the client appears unwell, intoxicated (except as a consequence of a recognised medical condition), or unable to participate fully.

Identifying and Managing Conflicts of Interest

A solicitor must be vigilant for any circumstances in which their duties to one client conflict, or risk conflicting, with their duties to another client or to the court. This is particularly acute when co-accused are represented by the same firm or solicitor. Conflicts may arise when co-accused have different or contradictory account of events, when one seeks to blame the other, or where confidential information is obtained from one client that would prejudice another.

Key Term: Conflict of interest
A situation where a duty the solicitor owes to one client interferes or could reasonably be expected to interfere with duties to another client or with the solicitor's own interests.

When a clear conflict is apparent prior to interview, the solicitor must immediately cease to act for any affected clients and ensure each client is referred to independent representation. If a conflict arises or becomes apparent only after the representation has begun, the solicitor must withdraw for all clients unless those continuing instructions would not breach confidentiality or prejudice the interests of others.

Where a conflict arises, confidentiality must be strictly preserved. The solicitor must not explain the reasons for withdrawal to the police or any other third party beyond stating that withdrawal is for professional reasons.

Solicitors have a duty to identify potential areas of conflict at the earliest opportunity and to seek clarifications from the police, custody officers, and clients to assess risk. They should only continue to act for multiple clients in exceptional cases where they are satisfied upon reasonable analysis that there is no risk of conflict.

Consequences of Failing to Manage Conflicts

Failing to properly address a conflict may lead to disciplinary action and may also prejudice the outcome of criminal proceedings, including the admissibility of evidence or fairness of trial.

Upholding Confidentiality and Legal Professional Privilege

The professional duty of confidentiality is fundamental. Solicitors must not disclose any information about a client’s case acquired through the professional relationship—whatever its source—except in narrowly defined circumstances, such as statutory compulsion or with the client’s informed consent.

Key Term: Confidentiality
The obligation resting on the solicitor to keep all information about a client or their case private and not to disclose it except as permitted or required by law, or with client consent.

Key Term: Legal professional privilege
The rule that protects all confidential communications between a solicitor and their client made for the purpose of seeking or giving legal advice from any disclosure to third parties.

Privileged information shared in police consultation or in written statements—or any advice regarding the case—cannot be disclosed to the police or any other party absent the client's clear, informed permission. Breaches of privilege may have serious professional or even criminal consequences.

If withdrawal from a case is required for reasons of conflict, dishonesty, or other professional grounds, the solicitor must not disclose the reason for withdrawal to the police or any external party.

There are limited exceptions where disclosure by the solicitor is permissible or mandated by law, such as the prevention of serious harm, reporting money laundering, or compliance with a court order.

Advising on the Right to Silence and Interview Strategy

The solicitor’s duty is to ensure their client understands the right to silence, the circumstances in which it is prudent to exercise, and the potential downstream consequences—including adverse inferences at trial if the client later seeks to rely on facts not mentioned during police interview.

The lawyer must also explain when it may be tactically prudent to answer questions, for example, to advance a known defence, provide significant exculpatory facts, or pursue a plea for early credit upon admission (which may reduce sentence if convicted).

The solicitor must carefully assess police disclosure, the quality and existence of admissible evidence, and any vulnerabilities evident in the client’s ability to participate meaningfully in interview. The decision to remain silent may avoid self-incrimination, but may also expose the client to negative inferences under ss. 34–37 of the Criminal Justice and Public Order Act 1994 if material facts are advanced for the first time at trial.

These considerations must be documented in the solicitor’s records, including the reasons for advice and the instructions received from the client.

Worked Example 1.1

Scenario: A client is arrested for theft. Police decline to provide full disclosure before interview and only offer a vague statement of suspicion. The client is anxious, denies the offence, but is unsure of the evidence held.

Answer:
The solicitor should advise a “no comment” interview, recording in detail the inadequacy of the disclosure and the risk of self-incrimination, so as to justify the exercise of the right to silence. It should be explained to the client that if further evidence is disclosed later, a supplementary written statement may be considered. The attendance note should set out the precise reasons for the advice given, in order to defend against any subsequent argument of adverse inference.

Worked Example 1.2

Scenario: Two clients, co-accused of burglary, are represented by the same solicitor, but one privately admits guilt and the other maintains innocence.

Answer:
The solicitor must identify an actual conflict of interest and withdraw from acting for both clients, ensuring that instructions and confidential admissions are not shared. Both should be referred to separate legal representatives. Only in exceptional circumstances—where there's no risk to confidentiality and clients have identical interests—might the solicitor continue for one, but generally withdrawal is required under SRA and Law Society rules.

Worked Example 1.3

Scenario: A juvenile client, accompanied by a parent as appropriate adult, is to be interviewed. The parent continually interrupts and impedes the police interview.

Answer:
The police may remove the parent as appropriate adult, but only if an officer of superintendent rank (or inspector if a superintendent is unavailable) authorises removal after warning the adult and allowing them to respond. A different appropriate adult must be secured for the interview to continue lawfully.

Professional Conduct and Ethics at the Police Station

The defence solicitor must rigorously comply with the SRA Code of Conduct and relevant professional rules. The balance between serving the client’s best interests and upholding the administration of justice is central—misleading the police, fabricating evidence, or knowingly enabling a lie is strictly prohibited. If a client has admitted guilt but wishes to deny it to the police or in court, the solicitor must not participate in any dishonest statement or knowingly assist a false defence.

If the client intends to lie in police interview, the solicitor may only remain present if the client will exercise their right to silence (for example, with a “no comment” approach); if the client insists on lying to police in interview, the solicitor must withdraw from the case and maintain strict confidentiality about the reason.

Solicitors must also ensure that all advice is competent regardless of their personal opinion of the client’s guilt or innocence.

Solicitors should not accept instructions from third parties unless satisfied that those instructions properly reflect the client's wishes and that the client understands their right to independent advice.

Legal aid and duty solicitor arrangements are available to all clients in police detention, meaning solicitors must be prepared to assist and advise at short notice, whatever the nature of the charge or the means of the defendant.

Admissibility and Exclusion of Evidence

Where confession or interview evidence is obtained in breach of procedural safeguards (e.g., absence of caution, oppressive questioning, or denied legal advice), the solicitor must be ready to challenge the admissibility of such evidence under ss. 76 or 78 PACE 1984, ensuring all representations are made at the appropriate point in proceedings and are supported by contemporaneous notes of events at interview.

Key Term: Exclusion of evidence
The power of the court to prevent the prosecution from relying on evidence that was obtained unfairly, illegally, or under circumstances prejudicial to the fairness of the proceedings.

Dealing with Mistake, Automatism, or Other Substantive Issues

Where a client may be able to rely on a defence such as mistake of fact, insanity, or automatism, the solicitor should provide clear advice as to what evidence and arguments are required to pursue such a defence, including implications for charging or plea.

Special Considerations for Vulnerable Clients

The solicitor must exhibit heightened vigilance in all dealings with children, young people, and clients with suspected communication or mental disabilities. This includes checking that appropriate adults meet the requirements of Code C and are not themselves victims or suspects. The solicitor should ensure any necessary special measures are arranged if the client is subsequently charged and brought before the court, and advise on the ramifications of the client’s capacity to understand and engage with proceedings.

Solicitors must also be alert to the possibility of unfitness to plead, diminished responsibility, or other issues that may affect procedure and outcome. Proper recording of concerns and raising them at the earliest opportunity is essential.

Where appropriate, the solicitor should consider seeking expert assessment and ensure that the court or prosecution is notified of any apparent vulnerabilities.

Key Term: Special measures
Procedural or physical adaptations to assist vulnerable or intimidated witnesses or defendants to give their best evidence, such as screens, live links, the removal of wigs and gowns, or the presence of intermediaries.

Key Term: Unfitness to plead
A defendant’s inability, caused by mental disorder or disability, to understand the proceedings, instruct lawyers, or enter a plea.

Revision Tip

A solicitor’s duty of confidentiality is significant and continues after withdrawal from a case. If withdrawal becomes necessary, the reason must not be disclosed—simply state that withdrawal is for “professional reasons.”

Key Point Checklist

This article has covered the following key knowledge points:

• The defence solicitor’s primary responsibility is to protect the client’s statutory, procedural, and constitutional rights in the police station and ensure compliance with PACE and the Codes of Practice.
• Legal advice must be practical, based on the facts, available evidence, and disclosure, and must cover the right to silence, the risk of adverse inferences, and the implications of a “no comment” interview.
• The solicitor must attend police interviews, actively protect the client's interests, and intervene to prevent oppressive or unfair questioning, misuse of law, or provision of improper inducements or threats.
• It is essential to manage and withdraw from cases where conflicts of interest arise and maintain strict confidentiality in all dealings.
• All information obtained in the professional relationship is protected by legal professional privilege, except as set out by law or with informed client consent.
• Vulnerable clients—juveniles and those with mental or communication disorders—are entitled to special protections; the solicitor must ensure the involvement of a suitable appropriate adult and modify advice and intervention accordingly.
• The solicitor must not mislead the police or the court, and where a client intends to give a false account, must refuse to act or limit their assistance as professional rules require.
• Clear, accurate, and contemporaneous records of all advice, interventions, and the reasons for key decisions should be made for each client, with special attention to adverse inference risk and evidence of vulnerability.

Key Terms and Concepts

• PACE Codes
• Caution
• Disclosure (at police station)
• Adverse inference
• Appropriate adult
• Vulnerable person
• Conflict of interest
• Confidentiality
• Legal professional privilege
• Exclusion of evidence
• Special measures
• Unfitness to plead