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You work for a firm of solicitors, Laws R Us LLP, as a paralegal. Your firm acts for Karen Golightly who is seeking advice about her arrest by the police.
Your supervising solicitor has taken Karen’s instructions and drafted a statement which Karen has signed. This statement sets out Karen’s version of events in relation to what happened before and after her arrest.
Your supervising solicitor has asked you to produce a written analysis of Karen’s statement which identifies possible breaches of the law and PACE Codes by the police and your reasons why you think there may be breaches of the law and PACE Codes.
Your supervising solicitor is also concerned that the solicitor who represented Karen at the police station may not have acted in a professional and competent manner. You are asked to also comment on this. You should also advise on the next steps that Karen could take.
Your analysis should not exceed 3000 words (excluding indented quotations and bibliography). Work must be properly referenced and must use the OSCOLA system and include a bibliography
Statement of: Karen Golightly
Address: 36 Cooper Avenue Chelmbridge
Telephone: 858574664
DOB: 16/01/1974
Occupation: Office Cleaner
I am 47 years old. I am divorced and I have one child, George who is 18 years old. George lived with me until recently but now lives with his father as he was able to get employment in London where his father lives. I work as an office cleaner for Chelmbridge Stock Investments PLC. My hours are 4.30 pm – 7.30 pm each weekday. I have worked as a cleaner for this company for three years. I also have a part-time job every weekday and Saturdaymorningas acashier in theGreat ValueSupermarketin SouthRoad, Chelmbridge.
On Thursday 11th March 2021 I went to work as usual at Chelmbridge Stock Investments PLC. I arrived at 4.30 pm and my first job is to sort out the rubbish bins in the post room and reception area. At about 5 pm I started work cleaning the offices of the staff that had gone home. Members of staff have a key for their office but I have a master key which I pick up every day from the security office and return at the end of my work. There are always members of staff working late in the evening. I knock on their door and ask if they want me to clean their office or leave it to later. I did my work as usual that evening.
Over the three years of working as the office cleaner I have from time to time seen valuable items left on office desks. These items can be phones, lap top computers and other equipment. From time to time I have seen money left on the desk. This can be anything from a few coins to a £20 note. I have never taken anything and it would never cross mind to steal anything. I have never been in trouble with the police. During that evening I do not recall seeing any money left on office desks and certainly not a pile of notes.
I left the office at 7.30 pm and went home. At about 9.45 pm the doorbell rang. On answering the door I saw two police officers in uniform. I was shocked and thought they were bringing bad news about a member of the family. I invited them in. One of the officers, who I now know to be police constable Victoria Burns asked me if I had worked at Chelmbridge Stock Investments earlier in the evening. I said I had and the officer then said, “some money has gone missing from an office and we want to ask you about that.” I told the officer I did not know anything about missing money. At that point I did not realise that they thought I had taken the money. The officer then said, “did you clean office 10 on the second floor, the office of Mr Morgantz?” I told the officer that I had. The officer then said £300 has gone missing from Mr Motgantz’s desk. I said I had not seen the money on his desk.
The other police officer, who I now know to be police constable Martin Owusu said, “we are going to search for the money now.” I was very upset as I was being accused of stealing. I told the officers they were not going to search my house as I had not taken any money. However, they just started looking in things. In a cupboard in my lounge they found money in an envelope I had been saving up for a holiday. There was £375. I started to explain that this was my money I had saved but police constable Burns said, “you are coming with us now.”
I was stunned and frightened. I did not know what to say so. I was grabbed by the arm and marched to a police car which was outside my house. On the journey to the police station the officers kept asking me about my job and the missing money. I kept saying I had not taken the money. By the time I got to the police station I was feeling unwell. I suffer from high blood pressure and when I am stressed I can have breathing problems. When I was taken to see the custody officer my breathing was rapid and I felt a little dizzy.
I was asked for my name and address. I told the custody officer I was feeling ill and had difficulty breathing normally. She did not reply to that. I was then put in a cell, which was very cold. I think it must have been about 11 pm. I sat for about one hour feeling ill and upset and very frightened. The custody officer then came to cell to offer me a cup of tea. She then said, “do you want a lawyer, it will hold things up if you do and therefore I advise you not to get a lawyer.” I thought that I should have a lawyer and I told the custody officer that I wanted a lawyer. I also said again I was feeling unwell but she just shrugged his shoulders and said that if I was still feeling unwell in the morning she would call a doctor.
I did eventually fall asleep but I was awoken by the custody officer at 3 am to be told that a solicitor would come at 8 am. I was awoken at 8 am and taken to a room. A solicitor called Mr Lawrence Smith introduced himself and said he would be representing me. Mr Lawrence said he did not know why I was at the police station but that we should get the interview over and done with. I started to explain I was feeling very unwell. Mr Lawrence then said that was a good reason for getting the interview over and done with. We then went into another room with p.c. Burns who said she was going to interview me. She told me that Mr Morgantz had left £300 on his desk and that he had gone to speak to a colleague but had locked his office door. When he returned to his office he noticed the office had been cleaned but the money was missing. The officer said I had taken the money. She started asking all sorts of questions about my financial situation. I looked at Mr Lawrence and asked him if I should answer. He just shrugged his shoulders and said, “it’s up to you”. I told p.c. Burns that I was not answering her questions. P.c. Burns became very angry at that point and said if I did not answer her questions I was going to be at the police station a very long time. Mr Lawrence did not say anything.
At that point there was a knock on the door and p.c. Owusu asked p.c. Burns to come outside. A few minutes later she came back into the room and explained that Mr Morgantz had found his money. Apparently, the money was caught up in a pile of papers and had never been missing. I was told I could go. As I left the police station Mr Lawrence said he would send me his bill for representing me. On my way home I collapsed and I had to spend two days in hospital with severe high blood pressure.
I would like Laws R Us to advise me about the behaviour of the police and Mr Lawrence.
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