Interviews Flashcards
What are the 3 barriers to communication?
Physical (ie inappropriate place/time, noise)
Psychological (ie stereotyping, closed mindedness, rank/status
‘Horns’ effect - unable to do anything right even if behave week
‘Halo’ effect - unable to do anything wrong even if behave badly
Semantic (ie something that prevents words being understood - language barriers, jargon, colloquialisms, complex terms)
Mnemonic giving you the framework /guidance for investigative interviews?
PEACE
Planning and preparation Engage and explain Account clarification and challenge Closure Evaluation
What are the 3 aspects to words?
- Content
- Meaning (same words different meaning)
- Feeling (the way you say it)
What is TED PIE?
Tell me
Explain to me
Describe to me
Precisely
In detail
Exactly
Mnemonic for using open questions?
TED PIE
Why are the 3 stages of an encounter?
Entry stage (obtain as much info as possible pre interview / build rapport)
Process stage (balance between listening and recording to ensure you deal with emotions as well and info/be professional)
Exit stage (explain what happens next, give advice and offer further support)
7 principles of interviewing
DR AFIQI
1) - AIM (to obtain an accurate reliable account about matters under investigation /potentially open up furthering a of enquiry/ a basis for asking questions of suspect at a later date)
2) FAIRNESS (be fair when interviewing victims/witnesses/suspects - treat with consideration at all times)
3) INVESTIGATIVE MINDSET (test what is being said against what you already know/ be aware if false allegations and false confessions/ ensure all actions are PLAN / helps to develop grateful - what do no next.
4) QUESTIONING (ask wide ranging questions to obtain info to assist investigation)
5) IMPACT RECOGNITION (recognise the impact and early admission has on the CJS / still ask further questions to test the admission)
6) DUTY OF TRUTH (don’t have to accept 1st answer - continued questioning is not oppressive or unfair just because it is persistent)
7) RIGHT TO SILENCE (interviewee has right to remain silent but you still have a duty to continue to ask questions)
What did lord denning say in 1969?
That evidence should not be confined to best evidence, that we need to account for ALL evidence and let the court decide how to use the evidence provided
4 Core skills for investigative interviewing
Planning and preparation
Establishing a rapor
Listening skills
Questioning skills
Definition of a suspect?
‘Someone who the police would have to caution (under code c pace) if they want to interview them’
must have reasonable objective grounds for suspicion based on known facts or information relevant to the likelihood that the offence has been committed and that the person to be questioned committed it
Definition of an interview?
‘The questioning of a person regarding their involvement or suspected involvement in a criminal offence, or offences which under paragraph 10.1 must be carried out under caution. Whenever a person is interviewed they must be told of the nature of the offence/further offences’
What is a significant statement and silence?
‘A significant statement and silence is one which appears capable of being used in evidence against the suspect, in particular a direct admission or a failure / refusal to answer a question, or answer it satisfactorily, which might give rise to an inference under the CJPO Act 1994.’
Code C 114a - PACE
When can a significant statement arise?
Anytime before or during an interview
When can a significant silence occur.?
After being cautioned
What is a special warning?
S36 & S37 CJPO act 1994
A special warning can be issued when a suspect refuses or fails to account for:
S36- incriminating objects, marks or substances
S37- their presence in a certain place
What must you tell the suspect when issuing a special warning?
- The offence you are investigating
- the facts you are asking them the account for
- that the facts lead you to believe that the suspect was involved in / commissioned the offence
- you must warn them that harcourt may draw inference from silence /refusal to account for the fact
- that a record is being made of he interview which will be given in evidence should the case go to court for trial
Definition of a witness?
‘One who sees, knows or vouches for something’
Definition of a victim?
‘A person harmed by a crime, tort, or other wrong’
Victims are also potential witnesses
What are the 5wh used in questioning?
Who What Where When Why How
These are More limiting than open questions as they restrict the response.
2 main styles of interviewing?
Free recall (allows you to obtain an uninterrupted account)
Conversation management (allows you to gain greater control over the interview)
What stage of the interview process should you hold back any evidence until?
The clarification and challenge stage.
Who is classed as a vulnerable witness?
Someone 17 or under
Any person whose evidence quality is likely to be diminished due to mental disorder or a significant impairment of intelligence and social functioning
A physical disability and or a physical disorder (depending on nature of disability)
What are the points to consider in the ‘planning/prep’ stage of PEACE?
Who need to interview and when / what order (timing)
Your objectives…
-What info need to obtain
-What is already known about interviewee and..
-What needs to be established (ie age, educational background, physical and mental health, prev police contact, cultural background etc)
Legal requirements (code D pace)
Points to prove and defences
Practical arrangements (location, time, equipment needed)
What to brief to solicitor
What statements have I got already that I need to review and test
Things to cover in your interview plan?
- Points to prove & possible defences
- All the questions you wish to ask at every stage of the crime / what has happened (when go out, lock door? Who you saw?, anything unusual, what happened when got home, when call police, where suspect went, ADVOKATE)
Explain interview procedure…
Reason for interview The importance of their contribution Introduction of everyone present How and by whom notes will be taken Introduction of any exhibits Indicate how long it will take That they need to give a full account and not miss anything out As much detail as possible
How to get a description of someone?
Systematically - description from the head down
What wearing
Physical features
Use ADVOKATE
What do to close an interview?
1) Check appropriate to close - all questions covered? / obtained as much info as possible / covered all aims of interview?
2) summarise what has been covers - give opp for them to clarify / alter /add anything
3) deal with any questions they may have
4) explain what happens next / how to contact you / any info on victim support / court etc
Purpose of interview?
To establish the truth
What is a suspect interview?
‘The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences, which, under P.10.1 must be carried out under caution. Whenever a person is interviewed they must be informed of the nature of the offence, or further offence’
What is a confession statement?
‘Any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made on words or otherwise’
When can a confession be ruled in-admissible?
If obtained using oppression:
(Using an overly aggressive questioning style , using or greening violence, overlong silences, asking the same question over and over)
If you say/do something that makes it unreliable:
(I.e offering bail as incentive to confess, failing to caution where necessary, denying access to solicitor without grounds, failing to provide medical treatment)
If you do anything unfair in an interview:
(I.e inappropriate questioning, lack of professionalism, behaviour that is demeaning to the suspect)
What should you include in your Planning for suspect interview ?
1) when to interview, what info need to obtain, what order to interview in (if more than 1 person)
2) what is already known about the suspect and what needs to be established
3) legal requirements;
s34 pace - limitations on police detention
S41 pace - time limits on detention without charge
S42 pace - authorisation of continued detention
S43 pace - warrants of further detention
Code C pace - detention, treatment and questioning of persons by police officers
Code E pace - audio recording interviews
4) offences and points to prove (Know the p2p and consider possible defences), consider: Mens rea (intent - why did it?) Actus rea (actions - what they did?) Modus operandi (method - how did it?)
5) practical arrangements;
(Visit the scene pre interview, search premises, interview location, time required for interview, forms and equipment ready, exhibits ready if required)
6) pe interview disclosure and active defence:
Consider what to disclose /not disclose and why, how to justify actions if later asked in court
7) prepared statements prior to interview:
Solicitor can prepare a statement in behalf of suspect and present it to you pre interview.
8) consider statements post charge;
After a ‘no comment’ interview a suspect can still make a reply after they have been charged and cautioned
What information should be given at the start of an interview? (In accordance with codes C and E pace)
1) advise suspect the interview is recorded
2) state name and warrant number/rank of officers present
3) request those present To introduce selves
4) state place, time and date of interview
5) inform suspect of right to free legal advice
6) caution the suspect
7) explain they will be given a notice about what happens to the recording
What is a significant statement?
If for example, at time of arrest/on way back to station the suspect says something relevant to his arrest (ie ‘ I didn’t mean to do it’) this is a significant statement and should be recorded immediately in PNB - the suspect can sign to say that they said it, or if they wont sign, then note this in your notebook)
What mnemonic should you think about at all times of communication with witness/victim from the very 1st contact?
LEAPS - communication model
Listen Empathise Ask Paraphrase Summarise
Types of Witnesses?
-Vulnerable
-Intimidated
-Key (ie seen crime happen)
-Significant (ie see people running away from scene but not seen the crime itself)
- Hostile
- unreliable (any kind of witness can be unreliable)
- professional (dr, pathologist, fireman, teacher, Pc etc)
- alibi
-
Primary goals as an investigator?
1) To establish the facts and identify the truth
Identify Points to prove Identify evidence Identify all witnesses/victims/ suspects Fill knowledge gaps Identify possible defences Develop a strategy Prove or disprove involvement Create new lines of enquiry
What could affect the quality of an interview?
Location Time Mental state Physical health Types of questions Approach
What are the 7 interview principles?
DR AFIQI
- Duty of truth
- right to silence
- aim
- fairness (act fairly)
- investigative mindset
- questions (ask a wide range of)
- impact recognition
Core skills for investigative interviewing?
Preparation and planning - fail to
Prepare = Prepare To fail.
Establish rapor
Listening skills
Questioning skills
What is evidence?
‘Information that may be presented To a court or tribunal in order that it may decide some fact.’
Victim and witness statements should be what?
As accurate and detailed as possible
What skill is essential for for victim and witness interviewing?
Communication
Factors to consider when choosing a location to conduct an interview with victim/witness
Health and safety Of all concerned
What situation /location would be conducive to providing the best evidence
What is best for the interviewee
What is best for the Interviewer
Who else may you need to consult regarding an interview of a victim/witness?
Interview supporters
Interpreters
Medical advisors
Other relevant personnel
Preparing a witness/victim statement - plan and prepare
Order of interview if more than 1 person Necessary to do now or are the more important priorities Identify vulnerability of witnesses Intimidated? Special measures?
Engage and explain - (part of peace) - 3 main issues to cover?
1) Explain reasons for the interview
2) The process /routine that will be followed
3) Outline of the interview
If you do not reasonably suspect an offence has been committed then there is not requirement to caution.
You may continue to ask questions to raise suspicion, once you arrive at a point where you have grounds to suspect an offence you should caution prior to asking further questions
.
Interviews help to determine facts on which later decisions are taken.
They seek to gather and record info from a suspect, test their account and examine in detail any versions of events or discrepancies with witnesses/victims
.
What should you investigate fully prior to interviewing a suspect
Witness and victim accounts of the incident
8 points to be considered in planning/prep phase of interviews
FLOPCASC
1) Facts (facts known about suspect ad what needs to be established)
2) legal requirements
3) offences and points to prove
4) pre interview briefing of solicitor
5) contribute - how interview may contribute to investigation
6) arrangements - practical
7) statements -prepared statements prior to interview and charge
8) considered statements post charge
What should you advise interviewees with regards to answering questions in an interview?
To tell all without editing anything out To tell it their own way To give as much detail as possible Not to fabricate or make up answers To concentrate
What should you do if someone doesn’t understand the caution?
Explain it in your own words
What code if pace should you adhere to if you wish to visually record the interview?
Code F pace
Processes to go through to obtain an accurate and reliable account?
Obtain suspects own interrupted account (use open questions)
Expand and clarify their account (especially any inconsistencies or anything which is unclear)
Challenge the suspects account where necessary (time your challenge/ adopt a clarification seeking approach / ask for explanation of discrepancies)
Decide whether to use special warnings
Closure - bring to close when you have properly concluded no purpose to be served by continuing (ensure common understanding bout why has taken place/ verify all aspects sufficiently covered / explain what will happen next
What purpose does reviewing the account serve?
To test whether closure is appropriate and consolidate the information provided in the interview
Advise you will summarise What has been covered and that this gives them an opportunity to confirm/alter/ clarify/ deny or add anything.
Closure provides an opportunity to re enter the engage and explain or the account clarification/challenge stage
What points should you cover in closure?
1) Give the time the interview finishes
2) Give a notice to the upset regarding their right to a copy of the recording (code E)
3) Seal the master recording in the presence of the suspect (code E)
Why should you evaluate from the interview?
The information obtained
The whole investigation in light of the info obtained
Your performance
Consultation may take please with a Number of persons as part of your dealing with a suspect.. Name some examples
Legal reps Appropriate adults Medical advisors Custody officer Officers required for legal authorisations Other relevant personnel
What conditions may make a person unfit for interview?
Intoxication (drugs/ alcohol) Behaviour Age Mental ill health Physical disorder
Investigative evaluation ?
What is know
what is not known
Consistencies
Conflicts
Pre interview briefings - what should you consider?
Material to disclose
Material to withhold
Testing of evidence
Potential for conflict
It is your decision as to what is included and not included in the pre-interview briefing
If a suspect is in detention, whose permission should you obtain to interview them?
The custody officer’s
Risk assess the room pre interview - remove any articles left by previous users… (Pens etc)
.
How should you open an interview? What should be said?
- Remind suspect of right to legal advice
- after cautioning, you should put to them any significant statement or silence that occurred before the interview - ask if they confirm/deny the statement or silence and if hey want to add anything
- if appropriate adult present - inform them they are not expected to act just as an observer, they should advise person being questioned, facilitate communication and ensure interview is conducted fairly
- Audio record and inform suspect of recording process
What is the first principle of investigative interviewing?
Aim - that the aim of investigative interviewing is to obtain accurate and reliable accounts from victims, witnesses and suspects about matters under police investigation
What is the process you should follow at the start of an interview?
If using removable media, show the suspect the media is new and unused - remove the seal and unwrap in suspects presence.
Load recorder in sight of suspect and others present
Set it to record and state the interview is being recorded and recording has commenced
Tate the date, time, your name tank and station
Introduce other officers present- name/ranks /stations
State your location - interview room at x station
State who you are interviewing - ask suspect to state their name
No other persons present OR introduce who is also present (solicitor / appropriate adult)
Explain right to legal advice
Caution
Put to he suspect any significant statement / silence which occurred prior to the interview - do they confirm/deny it or wish to add anything?
How to conclude an interview?
Ask if they wish to add anything or clarify any points made
Give them the notice which explains entitlement to Copy of interview recording
Invite them to sign the notice
State the time and date that the interview is concluded
Turn off the recorder and seal In suspects presence
Where should you also record that the interview has taken plae?
PNB
Custody record
What is ROTI?
what is ROVI?
Recoding of taped interview
Recording of visual interview
What will the custody officer want to know post interview?
The result of the interview and any evidence obtained so that they can determine if here is sufficient evidence to charge or insufficient evidence to continue he detention
What will custody officer require notification of post interview?
Any further arrests or offences under investigation as a result of the interview
Any change if health / risk / anything that affects the prisoners welfare
Allegations made by the suspect
Complaints against police
Any other relevant information
