Interviews Flashcards
When is it not possible to draw an adverse inference from silence?
Which caution do you give?
- Incommunicado delay to legal advice
- Urgent interviews in absence of a solicitor requested
- Post charge interviews
Modified caution
Adverse inference from silence (s.34)
Fails to mention facts at interview which they later rely upon in their defence at trial which they could have reasonably been expected to have mentioned at the time of the interview.
Adverse inference from silence (s.35)
Without good cause either fails to take the stand in their defence at trial or selectively answers questions whilst on the stand
Adverse inference from silence (s.36)
Suspect fails to account for the presence of objects, substances, marks, marks on an object (e.g. fingerprints)
- On their person
- In or on their clothing/footwear
- In their possession
- In any place where they were at the time of their arrest
Special warning
Not applicable to voluntary interview (s.36 only applies after arrest)
Adverse inference from silence (section 37)
a person is found by a constable at a place and time of an offence and the suspect fails to account for their presence at a place and time
Officer who saw the suspect must be arresting officer! Otherwise no s.37 inference!
Special warning
Not applicable to voluntary interview (s.37 only applies after arrest)
How long should meal breaks be?
How often should you have refreshment breaks? And how long should they last?
When can you delay a refreshment break?
Meal breaks during interviews = at least 45min long
Short refreshment breaks = at approx 2 hourly intervals and last at least 15min
Discretion to delay refreshment breaks if believe that taking the break at that point would involve (3Ps and 1D):
- Risk of harm to people
- Serious loss or damage to property
- Unnecessary delay to the suspect’s release
- Otherwise prejudice the outcome of the investigation
If break is delayed a longer break should be provided after
Minimum requirement for pre-interview disclosure
- Custody record
- sufficient information to enable them to understand both:
o The nature of the offence
o Why they are suspected of having committed the offence
How long is the detainee rest period?
When can you delay or interrupt the rest period?
Rest periods = at least 8h in a 24h period
Interrupting or delaying rest period
Grounds:
- believe that not delaying/ interrupting rest period would (3Ps 1D):
o Risk harm to people
o Risk serious loss or damage to property
o Delay unnecessarily the person’s release from custody
o Prejudice the outcome of the investigation
- At the request of the detainee, AA or legal rep
- Delay/interruption is necessary for review duties or medical advice
When can you remove and AA from interview and whose authorisation is needed?
Removing an AA from interview conduct hinders interviewer from putting questions – authorised by Superintendent or unconnected Inspector (if super unavailable)
When can a juvenile or vulerable person be interviewed without their AA present?
Who authorises?
Urgent interview due to paper trigger – Superintendent authorisation needed
When to do a post-charge interview?
Only if necessary to:
- Prevent or minimise harm or loss to a person/public
- Clear up an ambiguity in a previous statement or answer
- For detainee to comment on new information that has come to light since charge
Use the modified caution and remind the detainee of their right to legal advice
Who is the relevant officer in the following circumstances?
Under arrest - away from station (paper trigger)
Under arrest at a police station?
Voluntary - at police station - summary
Voluntary - at police station - indictable
Voluntary - not at station - indictable offence in annex A
Voluntary - not at station - indictable offence not in annex A
Voluntary - not at station - summary
Under arrest - away from station (paper trigger) = Interviewer
Under arrest at a police station = Custody Officer
Voluntary - at police station - summary = Interviewer
Voluntary - at police station - indictable = Sergeant or above
Voluntary - not at station - indictable offence in annex A = Interviewer
Voluntary - not at station - indictable offence not in annex A = Sergeant or above
Voluntary - not at station - summary = Interviewer
What to do when a complaint is made during interview?
- Record the complaint in the interview record; and
- Inform the custody officer.
- The custody officer then reports the matter to an inspector or above not connected with the investigation and if the complaint relates to a possible assault or unreasonable force an appropriate health care professional must also be called asap.
When can an officer decide to not give their name during the interview? And what should they give instead?
The officer can decide not to disclose their name when:
- they are dealing with a terrorism investigation
- they reasonable believe disclosing their name might put them in danger
Danger to officer’s family only does not count. Danger must be to the officer themselves.
Instead give shoulder number and station.
When can you do an interview that is not audio/visually recorded but only recorded in writing?
Only permissible in exceptional circumstances where:
- An authorised recording device in working order is not available or a suitable interview room/location is not available. The relevant officer considers on reasonable grounds that the interview should not be delayed until both a device and location become available.
- Suspect or appropriate adult object to the interview being audibly recorded – the relevant officer can then decide bearing in mind the nature and circumstances of the objection whether a written record can be made.
- Detainee refuses to go into or remain in the suitable interview room and the custody officer directs that both the interview shall be conducted in the cell and that an authorised recording device cannot safely be used in the cell.
