Page Forty Two - Best Defence (Copcast #157)

Tales From George's Pocketbook

In this crazy world where it is perceived that the bad guys get more rights than some victims,George is always at his happiest when he feels he's got 'one over' on a defence solicitor. Like most police officers who interview their own prisoners he views the defence brief as a necessary evil. Given that the UK Criminal Justice System is deemed as one of the fairest in the world and a model that even the US built theirs on, he accepts them for what they are.

How they sleep at night however is beyond his comprehension but then he might guess that someone has to do it or the system wouldn't work. For the most part defence solicitors know how to play the system and are reasonably well behaved. Like everyone George has had a few stroppy ones who have decided that his line of questioning was inappropriate. He has even had occasions where a solicitor has hijacked the interview, answering questions on behalf of the prisoner. That's no problem though, he just stopped the tapes and ejected the wayward brief from his interview.

Anyway there's a line drawn in the sand as far as George is concerned, a clear one and some of them decide to try and cross it.

Take new years eve. As a result of a routine traffic stop George arrested a disqualified driver for taking a motor vehicle without owners consent or TWOC. Also known as Taking and Driving or TDA to some among you. The prisoner coughed to it at the roadside, and then again at the custody desk. He didn't want a solicitor so George decided on a quick taped interview because he'd admitted his wrong-doing twice already and he could have him charged and released from custody in very short order

Prior to and during interview he was offered the services of a legal representative, which he declined and then he sang like a canary, admitting to both offences while being tape recorded. On the way back to the custody desk with his prisoner George bumped into Jan, a duty solicitor who was there on another job. She recognised George's prisoner, obviously not a good thing for the prisoner, and asked if they had been into interview already. The prisoner replied 'yes' and that he was 'bang to rights' which he was.

At this point the duty brief erupted like a banshee, she shouted at the prisoner and then turned her attention to George, accusing him of tricking her client, being unethical and unprofessional. Of course George reminded her that she was in a police custody office and who she was speaking to. He also pointed out that if she continued to shout in the custody area, causing a disturbance, she would be removed.

Jan wasn't happy with this at all and demanded to speak to the Inspector. Fortunately he was already in custody carrying out prisoner reviews and had heard the entire commotion. He took Jan to one side and reminded her of the process, a prisoner had just as much right to not be advised by her or any other legal representative as they did to get it. Just as the police could not force the prisoner to give up the right to independent legal advice, she could not force him to take it. Her erstwhile client had been offered legal advice on three separate occasions and she should wind her neck in.

Nice one guv, good to have the support of the boss. George went home a happy bobby and looking forward to his next encounter with Jan.


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