Interveiws

Question 1

INTERVIEW PROCEDURE

Answer 1

• Codes of Practise E and F:
The police must disclose the allegations to the lawyer without the suspect being present.

• lawyer would then consult the suspect in private.

• The police will need to consider any special arrangements if required.

• Interviews done by 1/2 police officers with the lawyer present, unless a senior officer has delayed access

• The suspect must be cautioned before the interview

• Interviews recorded on 3 audio tapes, the first tape being the master copy that’s sealed and only opened when the trial takes place. The second tape is a working copy to create a transcript for the police, and finally the 3rd copy is given to the suspect/their legal representative.

• officers cannot use inappropriate behaviour and must end the interview once sufficient information has been gathered.

• Suspects are allowed rest breaks, and are entitled to an 8-hour rest period when they are not being questioned.

Question 2

RESPONDING TO QUESTIONING AND THE RIGHT TO SILENCE

Answer 2

•suspect is being interviewed 3 options to respond to a question

answer the question, provide a prepared statement or respond with no comment which is their right to silence

Under Criminal Justice Act 1994 responding with silence could result in the court drawing out an adverse inference.

Question 3

CONCLUDE ON WHETHER THE POLICE’S ACTIONS ARE LAWFUL

Answer 3

Where the police lawfully or unlawful