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Fictional custody attendance: shop theft, prepared statement then no comment

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Criminal defence solicitor in England and Wales. General guidance on police station work. It isn't legal advice.

Invented duty attendance at Northvale Custody Suite for Elena Marsh (DOB 14/03/1992), suspected of shop theft. Disclosure is limited on identification; client denies theft but accepts presence in store. PACE custody attendance — England and Wales.

Fictional training example — PACE custody attendance

Fictional training example only. All names, places, officers, and facts are invented. Not a real case, client, or police force. This layout does not guarantee Legal Aid Agency payment or audit acceptance.

Type: PACE custody attendance. Sections below are labelled for training; your firm may use different headings.

Matter references & arrival

Jurisdiction: England and Wales

DSCC ref: 9F-482-7710 (fictional)

Custody record: NV/26/004881 (fictional)

Station: Northvale Custody Suite, fictional force area

Client: Elena Marsh (DOB 14/03/1992) — fictional

Offence (as disclosed): theft (Theft Act 1968, s.1) — fictional allegation

Attendance: Duty solicitor via DSCC

Fee earner: Alex Rowe, accredited rep (fictional), firm: Cedar Defence LLP (fictional)

Instruction accepted: 23:18 on 12/09/2026

First contact with client: 23:52 (telephone via custody desk, then in person at suite)

Arrived at station: 23:41

Training note: LAA Specification paragraph 9.15 expects the DSCC reference on file; paragraph 9.21 expects instruction acceptance and first contact times. PACE Code C does not prescribe your note format, but custody identifiers anchor the record to the detention.

Disclosure (police / investigating officer)

Disclosure given by: DC Finch (fictional) orally at custody desk, 00:05 on 13/09/2026

Allegation: client seen selecting items in Brookfield Convenience Store, Northvale, on 11/09/2026; left without paying for two bottles of spirits valued at £46.80 (fictional)

Disclosed material: summary of witness statement from store supervisor; still image from CCTV showing a person matching general description in aisle 4 at 21:14 (fictional)

Not disclosed / not available at attendance: full CCTV clip; any identification procedure material; client's previous convictions (none stated)

Representations for further disclosure: asked whether enhanced CCTV or witness description of clothing could be provided before interview; DC Finch stated further material under review

Assessment: sufficient to explain the allegation in outline; identification evidence not shown; gap noted on file

Training note: Keep disclosure (what the officer provided) separate from consultation. PACE Code C paragraph 11.1A concerns information about the offence before interview — your note should show what was known at the time advice was given.

Client instructions (consultation)

Private consultation: 00:12–00:34 on 13/09/2026 (fictional times)

Persons present: client and representative only

Client account: attended Brookfield store to buy mixer for a family event; picked up spirits then realised wallet was at home; intended to return to pay; left when queue was long — denies dishonest intent (fictional account)

Client instructions: does not wish to answer questions beyond a short prepared statement; wants release as soon as possible

Welfare: client alert, no AA required, no interpreter required (fictional)

Training note: Instructions are what the client tells you and what they want you to do. Do not merge this with advice or with police disclosure.

Advice given (with reasons)

Explained caution, interview process, and that this note records that advice was given — not privileged detail of every question and answer

Advised on options: no comment; prepared statement; full account

Reasons for prepared statement then no comment: (1) identification evidence not shown; (2) client maintains innocent explanation but risk of adverse inference if selective silence at trial was explained in general terms; (3) prepared statement can put innocent explanation on record without extensive questioning on withheld material

Advised client that silence in interview may be considered at trial in certain circumstances (CJPOA 1994, s.34 — general warning given, not case-specific prediction)

Client confirmed understanding and agreed prepared statement plus no further comment

Training note: Record that advice was given and the broad reasons and options considered. Firms differ on how much privileged detail is written — these examples show separation of advice from instructions.

Representations (pre- and during interview)

Pre-interview: asked interviewing officer to confirm what identification evidence exists before questioning on identification; officer said description-only at this stage (fictional)

During interview at 00:58: objected to question implying client had 'similar previous behaviour' — no convictions disclosed; officer withdrew question; intervention noted on recording (fictional)

Training note: Representations and objections are not the same as client instructions or interview summary.

Interview record (summary, not transcript)

Interview: 00:48–01:22 on 13/09/2026 (fictional)

Officers: DC Finch, PC Holt (fictional)

Recording: audio/visual per custody suite (fictional)

Approach: prepared statement read (innocent explanation for presence; denial of theft); no further comment thereafter

Themes of questioning: items taken, payment intent, CCTV, identification — not recorded question-by-question

Breaks: none required (fictional)

Training note: PACE Code C paragraph 12.8 covers breaks from interviewing — note breaks when they occur. Summarise themes; do not reproduce the recording.

Outcome & follow-up

Outcome: released under investigation (fictional)

Bail / conditions: none imposed at attendance

Post-interview advice: explained RUI in general terms; advised to contact firm if re-contacted or re-arrested; firm to chase disclosure update in 28 days (fictional task)

Left station: 01:35 on 13/09/2026

Training note: Outcome and client-facing follow-up are separate from interview content and from billing time entries.

Time recording (illustrative)

Travel: 23 min (fictional)

Waiting: 11 min (fictional)

Consultation: 22 min (fictional)

Interview attendance: 34 min (fictional)

Post-interview / admin: 18 min (fictional)

Total attendance: 1h 48m (fictional)

Training note: Segmented times support contract evidence (see Specification paragraph 8.33). Example times are invented and not a billing template.

Source register (England and Wales)

References below were checked against published Home Office and Legal Aid Agency documents. They support why these training examples separate disclosure, instructions, advice, representations, interview and outcome — not whether a particular note format guarantees payment.

DocumentSection / paragraphEffectiveDate checkedRule supported
PACE Code C 2023 (Home Office)Commencement (applies to detainees after 00:00 on 20 December 2023)20 December 20232026-10-05Which edition of Code C applies to non-terrorism police custody in England and Wales.
Police and Criminal Evidence Act 1984, section 58s.58(1) (right to consult privately with a solicitor)Revised text in force2026-10-05Statutory right to consult privately with a solicitor at any time; attendance notes should record private consultation separately from disclosure.
PACE Code C 2023 (accessible HTML)Section 6 and Note 6J (consult privately with a solicitor)20 December 20232026-10-05How private consultation is arranged and recorded in custody; separate from disclosure to the suspect.
PACE Code C 2023 (accessible HTML)Paragraph 6.8 (solicitor present when interviewed)20 December 20232026-10-05Entitlement to have the solicitor present when interviewed (subject to paragraph 6.6 exceptions).
PACE Code C 2023 (accessible HTML)Paragraph 11.1A (information about the offence before interview)20 December 20232026-10-05Pre-interview disclosure to the suspect (and what your note should distinguish from consultation).
PACE Code C 2023 (accessible HTML)Paragraph 12.8 (breaks from interviewing)20 December 20232026-10-05Interview timing and breaks are material custody-suite facts to record.
PACE Code C 2023 (accessible HTML)Paragraphs 3.21A–3.21B and 3.22 (voluntary interview)20 December 20232026-10-05Voluntary interviews: information given before questioning and confirmation the interview may proceed.
Standard Crime Contract 2025 (Legal Aid Agency)Specification Version 2 (effective from 31 December 2025)31 December 20252026-10-05Current published Standard Crime Contract specification for England and Wales.
2025 Standard Crime Contract — Specification (PDF)Paragraph 8.33 (Assessment: timed and dated attendance notes)31 December 2025 (Version 2)2026-10-05Claims may be reduced where work is not evidenced by timed and dated attendance notes on file.
2025 Standard Crime Contract — Specification (PDF)Paragraph 8.34 (written evidence for payment)31 December 2025 (Version 2)2026-10-05Claims without supporting written evidence are not paid under the contract.
2025 Standard Crime Contract — Specification (PDF)Paragraph 9.15 (DSCC reference on file)31 December 2025 (Version 2)2026-10-05Police station matters: DSCC reference number recorded and kept on file.
2025 Standard Crime Contract — Specification (PDF)Paragraph 9.21 (instruction acceptance and first contact times)31 December 2025 (Version 2)2026-10-05Police station advice files: times instructions accepted and first client contact.
2025 Standard Crime Contract — Specification (PDF)Paragraph 9.22 (written agent report)31 December 2025 (Version 2)2026-10-05Written report when an agent or accredited representative concludes the matter.

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