Interview Flashcards
How is an interview defined?
the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences - COP C para 11.1A
What are the possible outcomes after an interview?
- Released under investigation or on police bail
- Charged and released on police bail to appear at the magistrates’ court at a later date
- Charged and remanded in police custody to appear at the magistrates’ court the following day
These outcomes determine the next steps in the legal process after an interview.
What must happen before an interview takes place and again before the recommencement of an interview?
The person must be cautioned
What is the caution?
You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
Who can be an interviewing officer?
An officer of any rank who is usually also in charge of investigating the particular offence
Where should an interview be conducted?
At a police station, except where delay could lead to interference with evidence, people, or property
What is the general right to disclosure before an interview?
There is no general right to disclosure, except for:
* A significant statement (confession, or significant silent)
* The custody record
What does PACE COP C 11.1A state regarding solicitors before an interview?
A solicitor must be given sufficient information to understand the nature of the offence and why their client is suspected of committing it
This ensures that the solicitor can provide adequate legal advice.
How must interviews be recorded?
Interviews must be contemporaneously recorded and audio recorded for indictable offences
Under what circumstances can an interview be recorded in writing?
- It relates to some minor offence
- The person has not yet been arrested
- It takes place other than at a police station
What factors indicate that a person should not be interviewed?
- Unable to appreciate the significance of questions and answers
- Unable to understand what is happening due to drink, drugs, or any condition
Who can authorize an interview if a person is unable to comprehend due to certain effects?
An officer of the rank of Superintendent
What should a solicitor obtain before an interview?
Pre-interview disclosure and discuss the case with the client
When should a solicitor intervene in an interview?
Consider intervening if:
* Information not disclosed previously is referred to
* Clarification is required
* There is inappropriate questioning or behaviour
* Further advice is needed
* A break is required
* Circumstances require it
What are some inappropriate questioning techniques to be aware of?
- Misrepresenting information
- Upgrading responses
- Inaccurate summarising
- Making hypothetical questions
- Repetitive questions
- Disrupting listening
Identifying these techniques helps protect the rights of the interviewee.
When can a solicitor be removed from an interview?
- By a superintendent
- and the solicitor is preventing/obstructing qs from being put to their client
The client can ask for another solicitor for the rest of their interview.
Checklist for a properly conducted interview x5
- Does it take place under caution?
- Were they reminded of their right to free legal advice?
- Was an AA there if nec?
- Was any significant statement/silent put to the D at the start?
- Did it take place at the station or were there circumstances to justify this?
- Was an accurate record made?
