There is an earlier article by the same person explaining why you should get legal advise before saying anything
So, this is where it gets interesting. The main and most important difference between having legal advice and not, kicks in here, and it’s something that many of you will not have considered.
If you have a solicitor, or accredited police station representative (same thing for the purposes of PACE), that advisor will have been given, prior to your interview, what’s called ‘disclosure’. An interviewing officer does not have to disclose very much at all about why they suspect a person of having committed a crime. They only have to disclose enough that the legal advisor can reasonably advise the suspect as to whether and how they may have committed that offence. Sometimes not even that information is forthcoming. The advisor will hear the disclosure and then probe it, pushing for more disclosure, and testing it for evidence. An experienced advisor can read between the lines, and even tell from the officers’ body language whether or not they have a strong case, or even a case at all.
A game of bluff and double-bluff may take place at this point, with the stakes being high where you are concerned, whether you ultimately gain a criminal record or not. They will be looking to see if there are witness statements, or if the witness has refused to tell the police what they saw, if there is identification evidence, describing the suspect, and if that fits the client.
There can be CCTV footage, or the potential for fingerprint or DNA evidence, which may not be available on the day of the interview. Anything already said by the suspect at the time of their arrest has to be considered as to how much that may have already ‘damaged’ their case already. They can also ask what the likely result may be in the event of a confession, i.e that their client has no previous convictions and so is eligible to receive a ‘caution’, more of which later.
A right to silence?
The advisor will then have a private consultation with you in which they will outline what their view of the strength of the evidence against you is, what offences you may have committed, any lawful defences you may have, and most importantly, what you should or should not be saying in interview. All throughout this process, the lawyer will be weighing up the strength of the evidence, and deciding how their client’s case will be best served, whether that be by remaining silent, or by answering questions.