Interviews

Question 1

When to caution?

Answer 1

You must caution a person if you have reasonable grounds to suspect them of committing an offence before you put questions to them.
Must be some reasonable, objective grounds for the suspicion based on facts or information.

Question 2

Explanation of arrest

Answer 2

Grounds, reason, necessity, caution
Must give person sufficient information to enable them to understand why they were deprived of their liberty and the reason for the arrest.
Must include when are where it was committed.
Necessity must also be explained

Question 3

Do you need to repeat the caution after a break in interview?

Answer 3

Interviewer should summarise the reason for the break and confirm this with the suspect which shows nothing occurred during the break which influenced the suspect’s evidence.
Don’t have to repeat but can if you want.
Can say reminder that you are still under caution.

Question 4

Inferences drawn if they fail to mention now but later say in court

Answer 4

This is allowed under s34 Criminal Justice and Public Order Act 1994.
May take into account that suspect was given solicitor advice to remain no comment in interview.
Can take other factors into account of why they failed to mention e.g. mental capacity, sobriety, tiredness, age, experience, legal advice etc.

Question 5

Special warnings

Answer 5

ss36-37 Criminal Justice and Public Order Act 1994.
Only suspects who have been arrested.
Interviewer must give special warning and inform suspect of their belief this fact may be due to the suspect’s part in the commission of the offence and request an explanation
s36 - inferences can be drawn from suspect’s failure to give evidence or refusal to answer any question about any object, substance or mark which may be attributable to the suspect in the commission of an offence.
s37 - inferences can be drawn from suspect’s failure to give evidence or refusal to answer any question about their presence at a place or time when the offence they were arrested for was committed.

Question 6

Inferences from silence at trial

Answer 6

s35 Criminal Justice and Public Order Act
Inferences can be drawn from an accused’s failure to give evidence or refusal to answer any question without good cause where the person has been sworn.
Accused must be told this by the court.

Question 7

Interviews with juveniles or vulnerable persons

Answer 7

To avoid the risk of unreliable evidence, if there are concerns over a person’s age, mental state or capacity an appropriate adult should be used.

Question 8

What counts as an interview?

Answer 8

When a person was suspected of an offence.

Here the caution must be issued before questionning

Question 9

Is asking a person ‘are these ecstasy tablets?’ an interview?

Answer 9

Yes

It would not be necessary to ask this question if there were no suspicion that the tablets were a controlled substance

Question 10

Significant statements/silences

Answer 10

At the start of the interview the investigating officer should put to the suspect any significant statement or silence which occurred before arrival at the police station.
Should sign that they said it or if they refuse that should be recorded along with details of any disagreement.
Court doesn’t like it when a significant statement admission isn’t put to the suspect in interview as they question the reliability of the admission.

Question 11

Meal breaks

Answer 11

Should normally last 45 mins

Shorter breaks after 2 hours should last 15 mins minimum

Question 12

Disclosure to solicitor

Answer 12

Some disclosure must be given
What if sufficient will depend on the circumstances of each case
Should be enough for the solicitor to be able to understand the nature of the case but not too much that may allow the suspect to avoid implicating themself
At minimum a description of the facts including time and place and the custody record
And first description of a suspect before a viper takes place, so not necessarily before interview

Question 13

Appropriate location for interview

Answer 13

If unsure whether a location is appropriate for an interview, officer should contact a sgt

Question 14

Planning

Answer 14

Preparation is essential
PEACE interviewing model should be follows
Should be planned for an appropriate location at an appropriate time
Arrange legal advice, appropriate adult and interpreter if applicable

Question 15

Suspects from Scotland and Northern Ireland

Answer 15

s137A allows a constable in England and Wales to arrest a person who they have reasonable grounds for suspecting has committed an offence in Scotland or Northern Ireland.
When conducting the interview our caution may lead to the interview being inadmissible so have to use the Scottish one and should be assisted by Scottish officers.
In this, suspects are not warned that failure to mention may harm their defence.
The same exists vice versa for English and Welsh suspects found in Scotland or Northern Ireland under s137A - if interviewed there they should be cautioned but without the fail to mention may harm their defence section - but should try to bring them back to us for interview if possible.