Interview, Charge and Beyond Flashcards
What is set out in Code C10.1?
That a police interview must take place under caution
Give the definition of a police interview
The questioning of a person regarding their suspected involvement in a criminal offence which must be carried out under caution
So, technically, what is an interview?
anytime a person is asked about their involvement in a criminal offence.
What does s30 PACE say?
the suspect should be taken to the police station as soon as it is practicable to do so.
When may a person be interviewed outside of the police station
where delay might cause harm to evidence, people or property, alert other suspects or hinder the recovery of property
Does D have a choice in who represents them?
Yes, they can choose their own solicitor or have a duty solicitor
When can the solicitor interject in an interview?
when questioning is inappropriate, or to clarify a question
What are the three main courses of action in interview?
Remain silent
Answer questions
Written statement
Describe the remain silent course of action
no obligation to speak, will not implicate himself, may attract inferences
Describe the answer questions course of action
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
Describe the written statement course of action
gets account on record, avoids being questioned by police, it must be a full and complete account.
Who should be in the interview room?
2 officers, a solicitor and their client. the solicitor and client should be seated next to each other to allow for communication
What should occur at the outset of the interview?
the suspect must be given an opportunity to comment on any significant silences or statements that arose prior to the interview
what code of practice covers what occurs at the outset of interview?
Code C 11.4
When should breaks be given in interview?
At recognised meal times, every 2 hours, and 8 hours for sleep.
What does Code of practice C 11.5 say?
No officer may try to obtain answers by oppression or use any threats or inducements to get answers.
Define oppression
includes torture, inhuman/degrading treatment and the threat or use of violence
Which case further defines oppression?
R v Fulling
How does R v Fulling define oppression
use of power in a burdensome, harsh or wrongful manner.
What is likely to render a confession unreliable?
Exclusion of a confession on the basis of things said or done
Define an inducement
Improper statements/promises made by the police during the interview.
what is the rule regarding interview records and where is this contained?
Accurate records must be made of each interview (a verbatim/accurate summary)
Code C 11
When will interviews be recorded?
For indictable and either way offences
What are some examples of vulnerable suspects and which code of practice says this?
juveniles, mentally disordered people, vulnerable people.
code C 1G
Who can be an appropriate adult?
guardians, relatives, someone with experience of dealing with mental problems. they must be independent of the police.
What is the role of the appropriate adults?
to facilitate communication, be present when important issues are raised, observe the interview is fair.
What are the 6 disposal options?
Charge, NFA, Informal warning, Formal/police caution, conditional caution, penalty notice.
Who makes the decision to charge?
CPS
What does NFA stand for?
No further charge
Describe an informal warning
used in v minor cases, not on criminal record.
describe a formal/police caution
will be on criminal record, avoids court
Describe conditional caution
will be on criminal record, avoids court, with conditions attached
describe a penalty notice
minor offences, appear on record
What test is used to decide whether to charge an individual?
The full code test.
What are the two limbs of the full code test
evidential test
interests of justice test
What does the evidential test ask?
Is there a realistic prospect of conviction?
what does the interest of justice test ask?
Is it in the public interest to prosecute?
Describe the threshold test
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.
