Interviews

Question 1

What is the definition of an interview under COP?

Answer 1

The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences

Question 2

What should happen in respect of interviews and cautions?

Answer 2

Interviews must be carried out under caution.

Person must be cautioned before they are asked any questions about their suspected involvement in the commission of an offence.

Person should be cautioned again at the recommencement of an interview after a break

Question 3

What is the caution?

Answer 3

You do not have to say anything but it may harm your defence if you do not mention when questioned something which you late rely on in court. Anything you do say may be given in evidence

Question 4

What are the rankings of police officers?

Answer 4

• constable
• sergeant
• inspector
• chief inspector
• superintendent
• chief superintendent

Question 5

Who is the investigating officer?

Answer 5

• Can be an officer of any rank
• usually officer in charge of investigating that offence (officer in the case)
• is the point of contact at police station for pre-interview disclosure
• will most likely lead interview

Question 6

What are the exceptions to the rule that an interview should happen at a police station?

Answer 6

Exceptions where delay would likely lead to:

• interference with or harm to evidence connected with an offence
• interference with or physical harm to other persons
• lead to serious loss of, or damage to, property or
• lead to alerting of other persons suspected of having committed an offence but not yet arrested for it
• hindering the recovery of property obtained in consequence of the commission of an offence

Question 7

What right of disclosure is there pre-interview?

Answer 7

No general right to disclosure with the exception of:

• a significant statement and
• the custody record

Question 8

What guidance does COP give in relation to the level of pre-interview disclosure?

Answer 8

Solicitor must be given sufficient information to enable them to understand the nature of any such offence and why they (the client) are suspected of committing it

Question 9

What are significant statements?

Answer 9

Statements that appear to be capable of being used in evidence and in particular any direct admission of guilt (ie a confession)

Question 10

When should significant statements made by the accused be put to them?

Answer 10

In the interview after caution

Question 11

How should interviews be recorded?

Answer 11

• contemporaneously
• audio recorded for indictable offence

Question 12

What is the exception exists to the general rule that indictable offences must be audio recorded?

Answer 12

Can be in writing where:

• it relates to some minor offences
• the person has not been arrested and
• it takes place other than at a police station

Question 13

When will a person be unfit for interview?

Answer 13

When they are unable to:

• appreciate the significance of the questions asked and their answers
• understand what is happening because of the effects of drink, drugs or any illness, ailment or condition

Question 14

What rank of officer can authorise an interview with a suspect even though they are deemed unfit to be interviewed?

Answer 14

Officer a rank of superintendent

Question 15

What should a solicitor do pre-interview?

Answer 15

They should obtain pre-interview disclosure.

Have a private consultation with client to discuss case and advise them on their options

Question 16

What should a properly conducted interview look like?

Answer 16

• should take place in an interview room in a designated police station
• is recorded
• is in the presence of a lawyer, if suspect wants one
• gives the client the option to suspend the interview and have further consultations with their solicitor

Question 17

When should a solicitor consider intervening?

Answer 17

• information or evidence is referred to or produced that was not disclosed before the interview
• clarification on any matter is required at any time
• there is inappropriate questioning
• there is inappropriate behaviour
• further advice is to the client is needed
• a break is required

Question 18

What is the purpose of an interview?

Answer 18

To gather evidence

Question 19

What would be examples of inappropriate questioning in an interview?

Answer 19

• misrepresenting information such as upgrading responses, misrepresenting key items of information or inaccurate summarising
• hypothetical questions
• repetitive questioning
• disruptive listening - such as not listening to your client’s response or assuming knowledge of your client’s response before your client answers or finishes their answer

Question 20

Why would a confession be deemed inadmissible under s 76 of PACE?

Answer 20

• it was obtained through torture, inhuman or degrading treatment, or use or threat of violence
• the oppression must have caused the confession
• unreliability - confession was obtained as the result of something said or done which renders it unreliable - including breaches of PACE or how interview was conducted - thing said or done must have caused the confessions unreliability
• court must granted defence’s application to exclude evidence