How the Timing of Police Evidence Disclosure Impacts Custodial Legal Advice

Sukumar, D., Hodgson, J. and Wade, K. (2016) “How the Timing of Police Evidence Disclosure Impacts Custodial Legal Advice” 20(3) International Journal of Evidence and Proof, 200-216

35 Pages Posted: 5 Jun 2017 Last revised: 21 Jun 2017

See all articles by Divya Sukumar

Divya Sukumar

University of Warwick

Jacqueline Hodgson

University of Warwick - School of Law

Kimberley Wade

University of Warwick

Date Written: March 17, 2016

Abstract

Presently, the police in England and Wales disclose their evidence at different points during the arrest and detention of a suspect. While the courts have not objected to this, past field research suggests that lawyers can only advise their clients accurately when the police disclose their evidence before the police interview. To examine this from a law – psychology perspective, we recruited 100 criminal defence lawyers to participate in an online study. Lawyers read fictional scenarios and provided custodial legal advice to a hypothetical client (Christopher) when given either pre-interview disclosure or disclosure at various points during the police interview (early, gradually, or late). Lawyers given pre-interview disclosure provided considerably more informed legal advice compared to those who were only provided with disclosure during the hypothetical police interview. Using an interdisciplinary approach, this paper provides further evidence that pre-interview disclosure is essential for lawyers to deliver case-specific legal advice to suspects.

Keywords: Police Disclosure, Legal Assistance, Law and Psychology, Evidence, Criminal Procedure

Suggested Citation

Sukumar, Divya and Hodgson, Jacqueline S. and Wade, Kimberley, How the Timing of Police Evidence Disclosure Impacts Custodial Legal Advice (March 17, 2016). Sukumar, D., Hodgson, J. and Wade, K. (2016) “How the Timing of Police Evidence Disclosure Impacts Custodial Legal Advice” 20(3) International Journal of Evidence and Proof, 200-216, Available at SSRN: https://ssrn.com/abstract=2980312 or http://dx.doi.org/10.2139/ssrn.2980312

Divya Sukumar

University of Warwick ( email )

Gibbet Hill Rd.
Coventry, West Midlands CV4 8UW
United Kingdom

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

Kimberley Wade

University of Warwick ( email )

Gibbet Hill Rd.
Coventry, West Midlands CV4 8UW
United Kingdom

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