4 ms·

Surely that questioning has to take place with a lawyer present though? The police can't question you (or get you to say anything) before you've had access to l

Surely that questioning has to take place with a lawyer present though? The police can't question you (or get you to say anything) before you've had access to legal advice.... right..?

cstross 13y ago
Good luck getting legal aid for a criminal defense in the UK, is all I can say ...
nicholassmith 13y ago
Nope, the police can start questioning right away. You can decline to answer without a lawyer, which isn't an admission of guilt and cannot be used as evidence of guilt, then the solicitor can council you on what you can and can't say. However, if during the questioning even with a lawyer present you omit something and use it in court, the prosecution is allowed to say "Well, this is a new piece of evidence" and use it against you however they can, or ask for it to be disallowed. I think. It's been a while since I looked at the strict policy and regular interpretations. Police don't have to wait for a solicitor though, that's up to you and you have to ask for one straight off. If you're in the UK and you are arrested, be very polite with them, ask for a solicitor and wait, even if you know you're innocent. Actually, especially if you know you're innocent.
- boothead 13y ago
  Bloody hell!
  - nicholassmith 13y ago
    It's worth while taking the time to look up what rights you have under arrest etc: http://www.yourrights.org.uk/ http://www.yourrights.org.uk/
- nijk 13y ago
  Now you are talking about surprise evidence not disclosed during pretrial discovery, which is a wholly different issue from a right to remain sient.
- porker 13y ago
  Who pays for the lawyer/solicitor in the UK? Do I have to, even though I'm innocent?
  - nicholassmith 13y ago
    You have to, unless you want to use the duty solicitor who's a free resource. The duty solicitor should be perfectly fine for most situations unless you really actually are guilty, or you think you've been stitched up, to use TV crime drama parlance.
    - darkarmani 13y ago
      > The duty solicitor should be perfectly fine for most situations unless you really actually are guilty But should you choose to use your own solicitor, it may adversely harm your defense, because innocent people use the duty solicitor...
6d0debc071 13y ago
Sure they can, you can even question people without a lawyer present in the states. There's a woman in jail on death row - because a cop that's a known perjurer claimed that she'd broken down and confessed to murdering her kid to him http://www.popehat.com/2013/03/14/the-presumption-of-truth/ http://www.popehat.com/2013/03/14/the-presumption-of-truth/
rmc 13y ago
You know the UK doesn't have a constitution in the same sense as the USA? During the recent undeclared civil war in the UK (Northern Ireland), there were many suspensions of civil rights.
- SEMW 13y ago
  Misleading. Substantive protection of rights in the UK is, overall, as strong or stronger as in the US (weaker in some areas, stronger in others). That the sources of those rights (centuries of common law tradition, ECHR & HRA rights, the EU, and more) aren't a convenient single document with the words "The Constitution" at the top doesn't mean they don't exist.

Surely that questioning has to take place with a lawyer present though? The police can't question you (or get you to say anything) before you've had access to legal advice.... right..?

cstross 13y ago

Good luck getting legal aid for a criminal defense in the UK, is all I can say ...

nicholassmith 13y ago

Nope, the police can start questioning right away. You can decline to answer without a lawyer, which isn't an admission of guilt and cannot be used as evidence of guilt, then the solicitor can council you on what you can and can't say. However, if during the questioning even with a lawyer present you omit something and use it in court, the prosecution is allowed to say "Well, this is a new piece of evidence" and use it against you however they can, or ask for it to be disallowed. I think. It's been a while since I looked at the strict policy and regular interpretations. Police don't have to wait for a solicitor though, that's up to you and you have to ask for one straight off. If you're in the UK and you are arrested, be very polite with them, ask for a solicitor and wait, even if you know you're innocent. Actually, especially if you know you're innocent.

boothead 13y ago
Bloody hell!
- nicholassmith 13y ago
  It's worth while taking the time to look up what rights you have under arrest etc: http://www.yourrights.org.uk/ http://www.yourrights.org.uk/
nijk 13y ago
Now you are talking about surprise evidence not disclosed during pretrial discovery, which is a wholly different issue from a right to remain sient.
porker 13y ago
Who pays for the lawyer/solicitor in the UK? Do I have to, even though I'm innocent?
- nicholassmith 13y ago
  You have to, unless you want to use the duty solicitor who's a free resource. The duty solicitor should be perfectly fine for most situations unless you really actually are guilty, or you think you've been stitched up, to use TV crime drama parlance.
  - darkarmani 13y ago
    > The duty solicitor should be perfectly fine for most situations unless you really actually are guilty But should you choose to use your own solicitor, it may adversely harm your defense, because innocent people use the duty solicitor...

6d0debc071 13y ago

Sure they can, you can even question people without a lawyer present in the states. There's a woman in jail on death row - because a cop that's a known perjurer claimed that she'd broken down and confessed to murdering her kid to him http://www.popehat.com/2013/03/14/the-presumption-of-truth/ http://www.popehat.com/2013/03/14/the-presumption-of-truth/

rmc 13y ago

You know the UK doesn't have a constitution in the same sense as the USA? During the recent undeclared civil war in the UK (Northern Ireland), there were many suspensions of civil rights.

SEMW 13y ago
Misleading. Substantive protection of rights in the UK is, overall, as strong or stronger as in the US (weaker in some areas, stronger in others). That the sources of those rights (centuries of common law tradition, ECHR & HRA rights, the EU, and more) aren't a convenient single document with the words "The Constitution" at the top doesn't mean they don't exist.