CLP 11 - Interviews Flashcards
What governs police interviews?
Police and Criminal Evidence Act (PACE)
What must be given before questioning?
A caution: “You do not have to say anything…”
This caution informs the suspect of their right to remain silent.
What is the definition of a police interview under PACE?
Questioning about involvement in a suspected offence.
What happens when a detainee arrives at the station?
Custody officer authorises detention, informs rights, samples may be taken, solicitor offered, healthcare if needed.
What happens after the interview?
Suspect may be released (under investigation or on bail), charged and bailed, or charged and kept for court.
List common police ranks.
- Constable
- Sergeant
- Inspector
- Chief Inspector
- Superintendent
- Chief Superintendent
Who leads the interview?
Investigating Officer (IO) / Officer in the Case (OIC).
When can interviews happen outside the station?
Only if delay risks harm to evidence, people, or property.
What must police disclose pre-interview?
Significant statements and custody record.
What must the solicitor know before the interview?
Enough to understand the offence and suspicion.
Are interviews recorded?
Yes, all interviews must be contemporaneously recorded.
When can written recording be used?
For minor offences, outside station, not under arrest.
When is a person unfit for interview?
If unable to understand questions/situation due to illness, drugs, etc. (unless authorised by superintendent).
When should a solicitor intervene during the interview?
For inappropriate questions, withheld disclosure, confusion, breaks, legal advice.
What should solicitors do pre- and post-interview?
- Obtain disclosure
- Consult client privately
- Take clear notes
- Request custody log updates if needed.
When is someone considered vulnerable?
Difficulty understanding, easily confused, influenced, or has mental health issues.
What must police do if vulnerability is suspected?
Make enquiries, record evidence, appoint an appropriate adult.
When can the interview proceed without an appropriate adult?
Only in emergencies (risk to evidence, others, or property) and with superintendent authorisation.
What must the solicitor ensure before the interview?
Client is fit, understands their rights/options, interview process.
What are the 3 interview options?
- Answer questions
- No comment
- Written statement with no comment.
Why avoid mixing answers and no comment?
Appears evasive, confuses client, may lead to contradictions.
What factors affect advice?
- Disclosure
- Admissibility
- Strength of evidence
- Client’s state
- Instructions
- Significant statements.
Do suspects have a right to silence?
Yes, but adverse inferences can be drawn under certain conditions.
What is an adverse inference?
A negative conclusion if suspect remains silent when it was reasonable to speak.
What statute governs adverse inferences?
Criminal Justice and Public Order Act 1994.
What does Section 34 allow?
Inference if a fact relied on in court wasn’t mentioned during questioning.
What are Sections 36 & 37 about?
Inferences from failure to explain marks/objects or presence at crime scene.
What safeguards exist regarding adverse inferences?
- No conviction based solely on inference (s.38)
- No inference if denied legal advice.
What must prosecution prove in visual ID?
That the person on trial committed the crime beyond reasonable doubt.
What counts as visual ID?
Recognition by eyewitness, not clothing/appearance alone.
What are ID methods when the suspect is known?
- Video ID
- Parade
- Group ID
- Confrontation.
Who runs ID procedures?
Identification officer (Inspector rank+, not involved in investigation).
What is VIPER?
Video ID system using moving images of suspect and lookalikes.
What must be done before showing ID video?
Suspect and solicitor must see full set and may object.
What safeguards exist for ID evidence?
- Video/audio recording
- Right to solicitor/friend present
- Warning to eyewitness.
What happens if Code D of PACE is breached?
Voir dire may be held; judge may exclude evidence under s78 if prejudice caused.
