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Fictional telephone advice: simple possession and caution

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

Invented telephone attendance for Morgan Tate, in custody at Central Custody Hub, fictional simple possession allegation. Telephone advice (INVB) — England and Wales.

Fictional training example — telephone advice (INVB)

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: Telephone advice (INVB). Sections below are labelled for training; your firm may use different headings.

Call details & references

Jurisdiction: England and Wales

Date/time: 18:05 on 30/09/2026 (fictional)

DSCC ref: 9F-551-0023 (fictional)

Client: Morgan Tate — fictional

Station: Central Custody Hub (fictional)

Offence (as stated): possession of cannabis (Misuse of Drugs Act 1971, s.5(1)) — fictional

Provider: Birchwood Defence (fictional); adviser: Lee Francis (fictional)

Instruction accepted: 18:06; spoke to custody staff then client by telephone 18:09–18:24 (fictional)

Training note: Telephone advice files still need timed records and DSCC reference where applicable (Specification paragraphs 9.15 and 9.21).

Information from custody / police (not client instructions)

Custody officer: small quantity of herbal cannabis in client's jacket pocket on search after stop; client cooperative; no other drugs indicated (fictional)

No formal interview planned before advice — disposal discussion (fictional)

Previous convictions: none stated on telephone (fictional)

Training note: Separate what custody tells you from what the client says and from your advice.

Client instructions (telephone)

Client states cannabis for personal use after stressful week; wants matter finished tonight if possible (fictional)

Instructions: seek quickest appropriate resolution if legally acceptable; does not wish to answer questions on other matters

Training note: Even short telephone notes should record instructions distinctly.

Advice given (with reasons)

Explained allegation and that caution is out-of-court disposal admitting offence — not appropriate if client denies guilt

Advised that for low-level first-time possession, police may offer caution or community resolution depending on force policy — cannot guarantee outcome (fictional scenario)

Advised if caution offered and client accepts, matter likely concluded without interview; if interview required or further offences suggested, client to request attendance

Client confirms understanding

Training note: Telephone advice must still show advice was given with reasons, not only 'advised client'.

Representations

Asked custody to confirm whether interview intended before client accepts any disposal — officer confirms caution paperwork route suitable if client admits (fictional)

Training note: Brief representations belong in their own line even in INVB notes.

Interview

No PACE interview — matter resolved by telephone after caution administered in custody (fictional)

Training note: State explicitly when no interview occurred so readers do not assume a gap.

Outcome

Outcome: simple caution accepted; client signed caution document in custody (fictional)

Advised to contact firm if charge or re-arrest arises

Telephone attendance total: 19 minutes (fictional)

Training note: Outcome and total time close the record for billing and supervision.

Time recording (illustrative)

Telephone advice: 19 min total (fictional)

No travel or waiting (fictional)

Training note: INVB fixed fees are set in the Criminal Remuneration Regulations — this example does not state fee codes or guarantee payment.

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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