Interview, Charge and Beyond

Question 1

What is set out in Code C10.1?

Answer 1

That a police interview must take place under caution

Question 2

Give the definition of a police interview

Answer 2

The questioning of a person regarding their suspected involvement in a criminal offence which must be carried out under caution

Question 3

So, technically, what is an interview?

Answer 3

anytime a person is asked about their involvement in a criminal offence.

Question 4

What does s30 PACE say?

Answer 4

the suspect should be taken to the police station as soon as it is practicable to do so.

Question 5

When may a person be interviewed outside of the police station

Answer 5

where delay might cause harm to evidence, people or property, alert other suspects or hinder the recovery of property

Question 6

Does D have a choice in who represents them?

Answer 6

Yes, they can choose their own solicitor or have a duty solicitor

Question 7

When can the solicitor interject in an interview?

Answer 7

when questioning is inappropriate, or to clarify a question

Question 8

What are the three main courses of action in interview?

Answer 8

Remain silent
Answer questions
Written statement

Question 9

Describe the remain silent course of action

Answer 9

no obligation to speak, will not implicate himself, may attract inferences

Question 10

Describe the answer questions course of action

Answer 10

provides his full account and defence, avoids inferences, if admits guilt may be beneficial at court and may be able to accept other disposal option

Question 11

Describe the written statement course of action

Answer 11

gets account on record, avoids being questioned by police, it must be a full and complete account.

Question 12

Who should be in the interview room?

Answer 12

2 officers, a solicitor and their client. the solicitor and client should be seated next to each other to allow for communication

Question 13

What should occur at the outset of the interview?

Answer 13

the suspect must be given an opportunity to comment on any significant silences or statements that arose prior to the interview

Question 14

what code of practice covers what occurs at the outset of interview?

Answer 14

Code C 11.4

Question 15

When should breaks be given in interview?

Answer 15

At recognised meal times, every 2 hours, and 8 hours for sleep.

Question 16

What does Code of practice C 11.5 say?

Answer 16

No officer may try to obtain answers by oppression or use any threats or inducements to get answers.

Question 17

Define oppression

Answer 17

includes torture, inhuman/degrading treatment and the threat or use of violence

Question 18

Which case further defines oppression?

Answer 18

R v Fulling

Question 19

How does R v Fulling define oppression

Answer 19

use of power in a burdensome, harsh or wrongful manner.

Question 20

What is likely to render a confession unreliable?

Answer 20

Exclusion of a confession on the basis of things said or done

Question 21

Define an inducement

Answer 21

Improper statements/promises made by the police during the interview.

Question 22

what is the rule regarding interview records and where is this contained?

Answer 22

Accurate records must be made of each interview (a verbatim/accurate summary)
Code C 11

Question 23

When will interviews be recorded?

Answer 23

For indictable and either way offences

Question 24

What are some examples of vulnerable suspects and which code of practice says this?

Answer 24

juveniles, mentally disordered people, vulnerable people.

code C 1G

Question 25

Who can be an appropriate adult?

Answer 25

guardians, relatives, someone with experience of dealing with mental problems. they must be independent of the police.

Question 26

What is the role of the appropriate adults?

Answer 26

to facilitate communication, be present when important issues are raised, observe the interview is fair.

Question 27

What are the 6 disposal options?

Answer 27

Charge, NFA, Informal warning, Formal/police caution, conditional caution, penalty notice.

Question 28

Who makes the decision to charge?

Answer 28

CPS

Question 29

What does NFA stand for?

Answer 29

No further charge

Question 30

Describe an informal warning

Answer 30

used in v minor cases, not on criminal record.

Question 31

describe a formal/police caution

Answer 31

will be on criminal record, avoids court

Question 32

Describe conditional caution

Answer 32

will be on criminal record, avoids court, with conditions attached

Question 33

describe a penalty notice

Answer 33

minor offences, appear on record

Question 34

What test is used to decide whether to charge an individual?

Answer 34

The full code test.

Question 35

What are the two limbs of the full code test

Answer 35

evidential test

interests of justice test

Question 36

What does the evidential test ask?

Answer 36

Is there a realistic prospect of conviction?

Question 37

what does the interest of justice test ask?

Answer 37

Is it in the public interest to prosecute?

Question 38

Describe the threshold test

Answer 38

An alternative to the full code test, which is not met.

the circumstances/seriousness of the case justifies the making of an immediate charge decision.