- Jun 9, 2017
- 44
- 72
The first one's already been answered, it's just a different way we used fractions here.
The second one I think it comes down to the interview process being quite different here. Honestly, this is the one part of the game I really have to really pretty much on TV, Youtube and online blogs/government websites for what happens as I'm not getting arrested for research and you can't view Police interviews publicly. Everything I've seen and found however has had the Police asking the Defendant the questions directly, and I've looked up recordings of everything from driving offences to murderers/rapists in the UK to see what it was like. Surprisingly they normally don't even have the solicitor present, you have the right to legal advice here, but this can be given by a phone call if you don't have your own solicitor and then you're left to answer the questions on your own. I did try emailing my local Police as this was something I wasn't 100% sure about, but they will not offer individual advice for academic or research purposes sadly. There are some people offering variations to this, however these are normally from websites telling you not to say anything, which are often the same internet lawyers that say "just refuse to open the door" to people with warrants etc, and I know this doesn't work, so I'm not really sure the websites therefore are credible so I've stuck with the recordings, police blogs and dramatisation side of things.
The attitude of most British people is, and maybe this is a British mentality, but if the Police think you murdered somebody during the night, and you refuse to comment or won't tell them where you were during the night, then you're legally allowed to do that, but a jury is not going to look at you in a good way at all. At the end of the day, if the CPS decide there is enough evidence to go to trial, and the Prosecution tells the jury, look, we have evidence A,B,C and D, and their defence is "No Comment", 99% of juries will find the defendant guilty. You need to show that there is reasonable doubt to that evidence, and you can't do that by just not answering. If Lydia had of told him, "Yeah I did drive down the road he was murdered that night", the advice would have been, "don't tell them that unless they've got evidence to show it and you need to answer it", but everything in her story is non-incriminating so there's not a reason for her to hide anything at this point. Also all UK interviews are taped, so if something suddenly come up and the MC went "Don't answer that, no comment" again it's highly suspicious and if I was prosecuting I'd use that in court to say "look they're clearly hiding something here". I have no idea what American interviews are like, but that's my reasoning behind it.
Normally I wouldn't bother pointing this out in a game or on this forum but, you seem to be striving for accuracy in the British Legal System. You also want to try and portray the role of the solicitor correctly as well so taking all of that into account.
1) The correct advice, in my opinion, would have been to go No Comment at the start of the interview. Pre-interview disclosure from the officer was practically non-existent with no reason to see why she was linked to the murder. A better path would have been to do a statement at the start confirming the disclosure given so far, that it was inadequate for you to undertake your role, and that you were now advising your client to answer no comment. You could then wait for the case to develop, have a further consultation with the client and advise properly on what to say or do in interview. Note that it is important that you now advise the client to answer no comment instead of confirming the advice previously given. If you put it in the past tense you risk losing legal privilege.
2) The magistrates cannot grant bail if someone is charged with murder. The power was removed by s115(1) of the Coroners and Justice Act 2009. She would appear in the Magistrates Court, who would send the case to the Crown Court under the s51 procedure. She won't be invited to enter a plea as it is indictable only, though after the hearing the solicitor will need to complete a form so the court have an idea as to whether or not a guilty plea is indicated. She will then have a hearing in the Crown Court within 7 days, though in my area normally 3 days, where she can enter a plea and apply for bail. The Magistrates should also confirm the custody time limit (how long you can be on remand prior to trial) which is 182 days for murder. They would need to give the date it should end and not just the time period.