| TAKING INSTRUCTIONS FOR OVERNIGHT ADVICE SERVICE |
| Before the duty solicitor responds to the telephone call, they should make sure that they have their advice form ready to record the details of the conversation. When the duty solicitor telephones the police station, they will usually speak first to the investigating police officer. The police officer will identify themself, outline the circumstances of the arrest and offence(s), and outline the procedures they wish to undertake. The duty solicitor must make sure to ask them about their position on granting police bail. |
| CONFIDENTIALITY |
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| When speaking to the arrested person, the duty solicitor should first establish whether they are alone, the presence of any police officers in the room, or whether the telephone call is being recorded by audio or visual recording devices. If the interview is being recorded, or there are police in the vicinity the duty solicitor must warn the person that their conversation with them is not confidential; advise them to listen to the advice and limit their conversation. |
| RIGHTS AND PROCEDURES |
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| The duty solicitor needs to highlight the arrested person’s rights and the procedures they are required to undertake [see The Rights of an Arrested Person (above)]. The duty solicitor should remember to inform the person of their right to apply for police bail. Should police bail be refused, the duty solicitor should tell them they will be brought to court the following day (if a week day) and remind them to ask for the duty solicitor when they are brought to court. Should the person wish to apply for a review of a bail decision over the telephone, or object to a forensic procedure, the duty solicitor may need to seek some assistance from a more senior solicitor. |
| BASIC OUTLINE OF ADVICE FOR DUTY SOLICITORS |
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| Confidentiality: Are they alone? Is the conversation being recorded? Are there police officers nearby? If the arrested person is not alone it is better they listen to the duty solicitor's advice and say very little. Telephone call: to tell someone of their whereabouts [seeThe Rights of an Arrested Person (above)]. Right to have a solicitor, relative or friend present: [see The Rights of an Arrested Person (above)]. Right to an interpreter: [see The Rights of an Arrested Person above] Right to silence: [see The Rights of an Arrested Person (above)]. Right to apply for police bail: and then apply for court bail [see The Rights of an Arrested Person (above); and Bail Chapter]. Use of Reasonable force: warning regarding when the police can use reasonable force [see The Rights of an Arrested Person (above)]. Right to have a medical practitioner or nurse of their choice present: to witness an intrusive search [see Search Procedures above]. Right to have an intimate search conducted by a person of same sex and right to object to having the procedure recorded on videotape. Do not resist or obstruct procedures: an offence to resist or obstruct a forensic procedure or refuse to provide handwriting or voice samples [see Forensic Procedures and Identity Procedures (above)]. Search and forensic procedures: explain the nature of any proposed search or forensic procedures [see Forensic Procedures (above)]. Legal Representation: remind them to apply for legal aid or seek legal advice if they are released from custody. |
| SEEK SENIOR PRACTITIONER ADVICE |
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| Should a duty solicitor be asked to provide advice in an area of which they are not certain, attend the police station during an interview or the scene of a crime, they should seek senior practitioner advice. |
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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