Right to Counsel (Model Examinations)

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Establish The Peace Officer's Identity and Role in Case
  • establish name and identity
  • establish whether peace officer associated with the organization
  • were you involved in the investigation of accused
  • in the course of your involvement did you present or play any part in the detention/arrest of the accused
Establish Point of Detention or Arrest
  • At what point (date and time) did you have contact with the accused
  • what information did you have at that time ( go into detail )
  • Where was initial contact? who else was present?
Establish Informational Component of Right to Counsel
  • Inform detainee of right to counsel, including right to counsel
  • Confirm that the person understands
  • Inform detainee of right to legal aid, including contact number
  • Confirm that the person understands
Establish Implementation Component of Right to Counsel
  • Whether officer made the phone call and confirmed that counsel (of choice) was on the phone
  • Duration of phone call (time he started phone call, time he exit)
  • Ability to hear any noises coming in from the booth
  • After phonecall, confirmation that the detainee is satisfied with access to counsel.