(f) Defence counsel who have already represented a client should not subsequently use information relating to prior representation to the detriment of the former client, unless such information is generally known or ethical obligations of confidentiality and loyalty do not otherwise apply, and should not take legal positions that cause significant harm to a former client. 11.2 After a person has been arrested under section 41 of the TACT, that person shall not be questioned in relation to the offence in question, except in a place designated for detention under Schedule 8(1) of the Terrorism Act 2000, unless the resulting delay is likely: 26. Codes of conduct for lawyers are established by the legal profession through its competent bodies or by legislation in accordance with national law and practice and recognized international standards and norms. They should be presented to the detention officer as soon as possible after their arrival at the station or, where appropriate, after authorization for questioning after the indictment or after arrest after a voluntary visit to the police station (see note 3H). A person is considered “in a police station” for these purposes if he or she is within the boundaries of a building or enclosed courtyard that is part of that police station. 9C An inmate who appears to be drunk or exhibits unusual behaviour may be suffering from an illness or the effects of drugs, or may have sustained an injury, particularly a head injury that is not obvious. An inmate who requires or is dependent on certain drugs, including alcohol, may experience harmful effects shortly after being deprived of care. In these circumstances, when in doubt, the police must always act urgently to call a medical professional or an appropriate ambulance. Section 9.6 does not apply to minor complaints or injuries that do not require treatment. However, such complaints or injuries must be recorded in the custody register, and any doubt must be dispelled in favour of the appeal of the appropriate doctor. (d) Strategic and tactical decisions should be made by defence counsel, after consultation with the client, where feasible and appropriate.
These decisions include how to conduct plea hearings, how to draft and respond to motions, who should be called to the hearing or trial, whether and how cross-examination should be conducted, which jurors should be accepted or on strike, what motions and objections should be made, what provisions, if so, should be accepted and what evidence should be presented. (c) Publicly funded defence establishments should inform government officials of the workload of their offices and request sufficient funding and staff to cover the workload of defence affairs. Defence counsel should consider seeking such funding from all appropriate sources. If the workload exceeds the appropriate professional capacity of a publicly funded defence office or other defence lawyer, that office or lawyer should also alert the court(s) under its jurisdiction and seek judicial protection. 6.4 The exercise of the right of access to legal aid may be postponed only in the exceptional cases described in Annex B. If legal advice is sought and Schedule B does not apply, the duty officer must act quickly to ensure that such advice is provided. If the inmate refuses to speak to a lawyer in person, the officer must emphasize that this right includes the right to speak to a lawyer over the telephone (see section 5.6). If the detainee continues to waive this right, the officer must ask him why and all reasons must be included in the detention record or interrogation protocol.
References to the right to legal assistance are provided in accordance with paragraphs 3.5, 11.3 and 5 of Annex K to this Code and PACE Code D on the identification of persons by police officers, paragraphs 3.17(ii) and 6.3. Once it is clear that an inmate does not want to speak to a lawyer in person or by phone, they should no longer be questioned about their reasons. See note 6J. 5.7 Before sending a letter, message or telephone call, the detainee must be informed that what he or she says in a letter, telephone call or message (other than a communication to a lawyer) may be read or heard and presented as evidence. A telephone conversation may be interrupted in the event of abuse (see note 5G). Costs may be at the discretion of the custodian at the expense of the Crown. (a) If a client is found guilty, defence counsel must explain to him the importance and consequences of the court`s decision and his rights to appeal. The defence lawyer must give the client professional judgment as to whether there are warranted grounds for appeal and the possible and likely outcomes of an appeal. The lawyer must also explain to the client the advantages and disadvantages of an appeal, including the possibility that the government may file a cross-appeal and the possibility that, if the client succeeds in the appeal, pre-trial detention may lead to a less favourable decision. The lawyer should also be familiar with possible interactions with other post-conviction proceedings such as habeas corpus rules and measures and discuss with the client.
e) If the client does not have sufficient funds to pay for the necessary investigations, the lawyer must seek resources from the court, the government or donors. The application to the court should, where appropriate, be made ex parte in order to preserve the client`s confidentiality. Publicly funded defence offices should advocate for sufficient resources to regularly fund such investigative expertise. If adequate investigative means are not provided, defence counsel may point out to the court that the lack of resources for investigations may render legal representation ineffective. 6B A detainee is entitled to free legal advice and legal representation. This guide explains the provisions that allow inmates to whom this Code applies to receive legal advice. An overview of these provisions shall also be included in the notification of the rights and rights given to detainees in accordance with paragraph 3.2. 4A PACE, section 54(1) and section 4.1 require that an inmate be searched if it is clear that the inmate will continue to have duties to that inmate or if the inmate`s conduct or offence warrants an appropriate inventory. They do not require every detainee to be searched, for example: