Role of a Lawyer during Police Interviews

Police Interviews and Pre-trial investigations are required to be carried out within certain confines of the law. Police interviews must be conducted within the scope of duties of the police, that is to say, prevention and detection of crime; apprehension of an offender and the preservation of law and order; not for the enforcement of contracts and collection of debts. The police must ensure that all the constitutional and statutory rights of a suspect are respected and protected and not violated. The interview must be conducted within the bounds of the law. Attempt must be made to ensure that the suspect is not put on trial or asked incriminating questions during the interview. There is also the need for the suspect to have his lawyer present to guide him as to how to respond to questions put to him by the police. A lawyer representing a suspect during police interviews must ensure:

  • That the police interview is within the scope of duties of the police, that is to say, prevention and detection of crime; apprehension of an offender and the preservation of law and order; not the enforcement of contracts and collection of debts;
  • that all the constitutional and statutory rights of a suspect are respected and protected and not violated;
  • that the interview is conducted within the bounds of the law;
  • that the suspect is not put on trial or asked incriminating questions;
  • that he guides the suspect as to how to respond to questions put to him by the police.

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