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 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
- Commander
- Assistant commissioner
- Commissioner
CSI
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 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 during-interview?
Pre:
* Obtain disclosure
* Consult client privately
Durng:
* Take clear notes
* Active defence - intervene if
1. info recording or produced in interview is not disclosed pre-interview
2. if unclear or inappropriate questioning
3. if inapproporiate behavious
4. if client needs break or further advice
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 (i.e. whether to give no comment, answer questions or a written statement with no comment)?
- 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.
Effect of adverse inference
Can weaken the defence by suggesting that:
* Their explanation in court was made up later.
* They kept quiet earlier because they knew their story would not hold up.
* They had no reasonable explanation at the time to refute the case against them.
What does Section 34 CJPA allow?
Criminal Justice and Public Order Act 1994
Inference if a fact relied on in court wasn’t mentioned during questioning.
R v Argent factors
- the court will consider whether it was reasonable to mention the fact at the time, based on all the circumstances.
- R v Argent states ‘circumstances existing at the time’ should be interpreted broadly.
- Factors include:
1. What the police disclosed to the suspect or their lawyer.
2. What the suspect knew at the time.
3. The suspect’s condition and circumstances.
4. Any legal advice received.
What are Sections 36 & 37 about?
36 - Inferences from failure to explain marks/objects or
37 - Inferences from failure to explain 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 procedures for visual identification (Code D of PACE) is breached?
- Voir dire may be held.
- If breach is found, defence can apply to exclude evidence.
- It is not authomatic exclusion.
