1. PNB, Cautions & Significant Statements

Question 1

PNB RULES (x8)

Answer 1

1. The 24hr clock must be used.
2. Block capitals MUST be used for:
   DAYS
   DATES
   TIMES
   PLACES
   ADDRESSES
   NAMES
   VEHICLE DETAILS
   DIRECT SPEECH

Question 2

ELBOWS

Answer 2

NO ERASURES
NO LEAVES TORN OUT
NO BLANK SPACES
NO OVERWRITING
NO WRITING BETWEEN LINES
& STATEMENTS MUST BE IN DIRECT SPEECH

Question 3

INFORMATION RECORDED AT A SCENE (x7)

Answer 3

1. Time sent to or informed of the incident.
2. Time of arrival at the scene.
3. The time the incident occurred.
4. The exact location where the incident occurred.
5. Names, addresses & telephone no’s of persons involved.
6. Names, addresses & telephone no’s of any witnesses.
7. Details of what has occurred.

Question 4

SOME INCIDENTS MAY REQUIRE FURTHER INFO (x9)

Answer 4

1. Records of any interviews conducted at the scene.
2. Any significant statements or relevant comments.
3. Time of cautions given and a record of any replies given.
4. Descriptions of suspects.
5. Details of any property stolen, including a value and description.
6. Details of any property damaged, including a value and description of the damage.
7. Road, weather and lighting conditions.
8. Vehicle descriptions including registration no’s and damage.
9. Any other relevant information.

Question 5

RECORDING of NOTES

Answer 5

1. Make key notes at the scene.
2. If not possible…make a full retrospective entry at the earliest opportunity. Include:
   a) Date and time the entry is made.
   b) Whether the notes are made in collaboration with any other officers.

Question 6

10 POINT DESCRIPTION

Answer 6

1. CLOTHING
2. GENDER
3. AGE
4. COLOUR OF SKIN/ ETHNICITY
5. BUILD
6. HEIGHT
7. HAIR
8. COMPLEXION
9. DISTINGUISHING FEATURES
10. CARRYING ANYTHING

Question 7

ADVOKATE

Answer 7

Amount of time the suspect was under observation.
Distance between the witness and the suspect.
Visibility - What was the lighting like? Weather conditions?
Obstructions - was the view of the witness obscured?
Known - was the suspect known to the witness? Had they seen them before?
Any reason for remembering the suspect?
Time lapse - between the first sighting and any subsequent identification to the police.
Errors - Any differences between the first recorded description and the suspects actual appearance.

Question 8

EVIDENTIAL

Answer 8

Information that could be used in court.

Non-Evidential
E.g. Briefing notes

Question 9

When MUST you use the caution?

Answer 9

1. When reporting or charging people for an offence.
2. Arresting them.
3. Asking questions relating to an offence.

Question 10

What is the WHEN caution?

Answer 10

“You do not have to say anything but it may harm your defence if you fail to mention WHEN questioned something which you later rely on in court.
Anything you do say may be given in evidence”

Question 11

When must the WHEN caution be used? (x3)

Answer 11

MUST be used:

1. On arrest
2. Before interview when not arrested.
3. Before interview after arrest as a reminder that the suspect is under caution.

Question 12

Definition of an interview

Answer 12

Code C 11.1A of PACE Act 1984 states:

“An interview os the questioning of a person regarding their involvement or suspected involvement of a criminal offence”

Question 13

When may you question without a caution? (x5)

Answer 13

1. To establish identity.
2. To establish ownership of a vehicle.
3. To obtain information that they are required to give by law. E.g who was the driver of a vehicle that was involved in a RTC.
4. In furtherance of the proper and effective conduct of a search.
5. To seek verification of a written record, such as when a suspect is shown a written record of any significant statements made outside of an interview,

Question 14

Caution +3

Answer 14

When someone is questioned regarding an offence and they are not under arrest then PACE Code C section 3.21 stipulates they must be told:

1. They are not under arrest.
2. They are free to leave
3. They are entitled to free and independent legal advice.

Question 15

Contemporaneous notes

Answer 15

Notes that are written at the time the words are spoken.

When interviewing a suspect away from a police station the best evidence is achieved by recording the notes of the interview at the time in the PNB or other document and getting the episode to sign them as being an accurate record immediately afterwards.

Question 16

Code C PACE Act 1984 interview guidelines

Answer 16

1. An accurate record must be made of each interview.
2. The record must state:
   a) the place of the interview
   b) time it begins and ends
   c) any interview breaks
   d) names of persons present
3. Any written record must be made and completed during the interview (unless this would not be practicable) and must constitute a verbatim record of what has been said or failing this, an account which accurately and adequately summarises the interview.

Question 17

The NOW caution

Answer 17

“You do not have to say anything but it may harm your defence if you do not mention NOW something which you later rely on in court.
Anything you do say may be given in evidence”

Question 18

When is the NOW caution used?

Answer 18

1. When someone is reported for an offence.

2. When someone is charged following arrest.

Question 19

The RESTRICTED caution

Answer 19

“You do not have to say anything, but anything you do say may be given in evidence”

Question 20

When is the RESTRICTED caution used?

Answer 20

1. When questions are put to a suspect after they have been charged.
2. When a suspect who has asked for legal advice is interviewed before the legal advice is arranged.

In these circumstances the Court is unable to draw any inference from the suspects’ refusal to answer,

Question 21

What is a SIGNIFICANT STATEMENT

Answer 21

A significant statement is one which appears capable of being used in evidence against a suspect and in particular a direct admission of guilt.

(Significant statements can include unsolicited comments)

Question 22

What is a SIGNIFICANT SILENCE?

Answer 22

A significant silence is a failure or refusal to answer a question or answer satisfactorily when under caution which may give rise to an adverse inference being drawn at court.

Question 23

What are RELEVANT COMMENTS?

Answer 23

A statement that falls outside the definition of a significant statement or silence, but one that may have some bearing on the investigation.

E.g. If a suspect denies involvement and names someone else as the offender.

Question 24

What is the procedure for recording Significant Statements, Silences and Relevant Comments?

Answer 24

1. All these statements must be recorded in writing either contemporaneously or as soon as practicable.
2. As with interviews, they must be
   a) dated
   b) timed
   c) persons present recorded
3. Where practicable the record should be offered to the person to read and sign as being correct. This record will then be put to a suspect at the beginning of any subsequent formal interview.