Police Station Disclosure By Police Station Agent

Police Station Disclosure By Police Station Agent

Police Station Disclosure: Why It Matters

One of the most critical aspects of police station representation is obtaining disclosure of the case against you. Under Code C, paragraph 11.1A of the Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, your solicitor has the right to obtain information about the allegations and evidence before your interview begins.

What is Disclosure?

Disclosure refers to the information the police must provide to your solicitor about the case against you. This includes details of the allegations, witness statements, evidence gathered, and any other relevant information. Under Code C, paragraph 11.4, the police should provide sufficient information to enable your solicitor to provide proper advice.

Why Disclosure is Essential

Without disclosure, you cannot make an informed decision about whether to answer questions in interview. Your solicitor needs to understand the strength of the evidence against you to provide proper advice. Under the Criminal Procedure and Investigations Act 1996, section 3, disclosure obligations exist throughout the criminal justice process, starting at the police station.

The Role of Your Solicitor

An experienced police station representative will immediately request disclosure upon arrival at the police station. They will examine your custody record, speak to the investigating officer, and obtain as much information as possible about the case. This enables them to advise you on the strength of the evidence and whether it is in your interests to answer questions.

Your Right to Disclosure

Under Code C, paragraph 11.1A, you have the right to be informed of the nature of the suspected offence and why you are suspected of committing it. Your solicitor can obtain this information and more detailed disclosure to enable them to provide expert legal advice. This is a fundamental right that ensures fairness in the criminal justice system.

The Importance of Pre-Interview Disclosure

Before any police interview, your solicitor should obtain disclosure from the investigating officer. Under Code C, paragraph 11.1A, you are entitled to be informed of the nature of the suspected offence and why you are suspected of committing it. This information must be sufficient to enable your solicitor to provide proper legal advice.

What Should Disclosure Include?

Proper disclosure should include the details of the allegation, any evidence gathered such as CCTV, forensic evidence, or witness statements, the circumstances of your arrest if applicable, and any other material facts relevant to your interview. Under the Criminal Procedure and Investigations Act 1996, section 3, the prosecution has ongoing disclosure obligations.

Challenging Inadequate Disclosure

If the police provide insufficient disclosure, your solicitor can make representations to the custody sergeant under Code C. Where disclosure is inadequate, your solicitor may advise you to make no comment in interview until proper disclosure is provided. This protects your position while ensuring fairness in the investigation.

Further Information

For more information about police station representation and your legal rights, visit our Duty Solicitor Services page. If you have been invited for a voluntary interview, see our guide on Voluntary Interview Advice. For local services, check our Kent Police Stations guide.

Frequently Asked Questions

References

• Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2015, Code C, paragraph 11.1A
• Criminal Procedure and Investigations Act 1996, section 3
• Police and Criminal Evidence Act 1984, section 58
• R v Argent [1997] 2 Cr App R 27