When can suspects get a lawyer
Every suspect you detain has the right to have a lawyer, it is important that when you read a suspect their rights you also tell them they have the right to a lawyer if they wish to exercise that right. If they don’t need any legal representation they you will carry on as normal and continue with sentencing.
What to do if a suspect wants a lawyer
If the suspect asks for a lawyer but doesn’t have anyone to call and they want one to be provided to them you need to tell them that we do not provide lawyers and they will need to contact someone directly to help them, if they can’t do this then you will continue as normal with sentencing.
If they wish to call their lawyer you must take them out of cuffs and allow them to make a phone call, before doing so make sure they are told if they attempt to escape in any way their right to a lawyer will be denied and they will receive a further charge of attempting to escape police custody.
Once the suspect has contacted their lawyer it is important to tell them that their lawyer has 10 minutes to arrive in suitable clothing. If the lawyer turns up in unsuitable clothing then give them a chance to go and change it and if they cannot do that then you must deny their right to a lawyer and continue with sentencing.
What to do when the lawyer turns up
When the lawyer arrives in suitable clothing you must escort the suspect to one of the interview rooms, if requested it is important that you leave the room and give the lawyer time to talk with their client to discuss what has happened. From here the lawyer will most likely ask you certain questions depending on the type of crime the suspect has committed, For example if it is a crime related to a firearm they may ask you “Has a GSR test been performed on my client?”
What to do when the lawyer is finished
It is ultimately your choice whether you reduce a suspect's time and fine after speaking with their lawyer, if the suspect is being compliant and the lawyer is being cooperative and not being disrespectful it is recommended that you show some sort of leniency to the client.
Certain things to know that will help you during lawyer situations
Common arrest acts you should remember:
Firearms, Section 5, firearms act 1669
Possession of a bladed article, section 139 criminal justice act 1988
Possession of articles related to fraud, Section 6 Fraud act 2006
False imprisonment, common law
Arrest necessities:
Investigation
Disappearance
Child or vulnerable person
Obstruction
Physical Injury
Public decency
Loss of damage