1.9 Interviews

Question 1

When can special warnings be used?

Answer 1

When having been arrested the suspect refuses to account for any objects, marks or substances found

• on their person
• in or on their clothing or footwear
• otherwise in their possession
• in the place where they were arrested

Question 2

Where can special warnings be used?

Answer 2

At a police station or other authorised detention place

Question 3

What 4 conditions need to be satisfied in order for the court to draw an inference from the special warning?

Answer 3

Arrested

RGB that the object substance or Mark may be attributable to the accused participation in a crime

Informs the accused of belief and explains

Explains the effect of a failure or refusal to comply with the request

Question 4

How must a special warning be given?

Answer 4

Using ordinary language

Question 5

What does S36 consider?

Answer 5

The circumstances at the time of arrest

So any object must be linked to him then and there

Question 6

What does a special warning under S37 relate to?

Answer 6

The suspects presence at a place

Question 7

Can S37 be used when the suspect is seen near to the offence but is arrested later?

Answer 7

No has to be then and there

Question 8

When shall the suspects be asked about their significant statement?

Answer 8

First thing after the caution

Question 9

What is a significant statement

Answer 9

A statement which appears capable of being used in evidence against the suspect

Question 10

What is a significant silence?

Answer 10

Refusal to answer a question when under caution

Question 11

What is the one piece of information that must always be disclosed by law before the person is charged?

Answer 11

First description when conducting the ID procedure

Question 12

In VAs who is the relevant officer under Code E of pace?

Answer 12

Summary offences- interviewing officer

Indictable- sgt

Question 13

Who can break the seal on the master copy of interview?

Answer 13

An officer shall arrange for it to be broken in the presence of CPS

Question 14

What can can be interviewed elsewhere?

Answer 14

Possession of cannabis or Khat
Shoplifting
Criminal damage

If they do not require an AA interpreter and aren’t under the influence of drugs, alcohol

Question 15

What is the limit for shoplifting that can be interviewed elsewhere and what are the other conditions?

Answer 15

100

Property recovered

Unemployed

Question 16

What’s the two conditions for interviewing criminal damage elsewhere?

Answer 16

300

Unemployed