Interviews Flashcards

0
Q

For an ABE interview. What classes as an intimidated witness?

A

Witness whose evidence is likely to be diminished by fear or distress

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1
Q

For an ABE interview, what classes as a vulnerable witness?

A

Child under 17
Physical or learning disability
Mental disorder

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2
Q

Give 2 examples of types of open questions?

A

TED tell explain describe

5 WH who why what where when how

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3
Q

What is the peace model?

A
P plan and prepare - what do I know?     What do I want to know?
E engage and explain 
A account - clarify - challenge
C closure 
E evaluation
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4
Q

Structure of witness interview?

A

Intro - record time and date/location
Names of people present
Can I call you…?

Other commitments today? Breaks/toilet/drink

Purpose - going to tell me everything
Check
Break down
Ask q’s

Don’t know
Don’t understand
Can’t remember
NVC’s

Notes
Review
Statement 
Investigation
Case file 
Court - ok? Q's?

TED take time/think back/leave nothing out/use own words

Summarise

Parameters 
TED 
Prove 5 WH's
Summarise
Link 

Descriptions
Impact
Closure

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5
Q

Outline advocate?

A
A amount of time 
D distance 
V visibility 
O obstructions
K known or seen before 
A any reason to remember 
T time lapse since event 
E errors or discrepancies
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6
Q

Structure of suspect interview?

A

B buzzing put tapes in
I introduce self and others
T time/date/location
F FILA entitled to free independent legal advice/why haven’t taken?
C re deliver caution + explain
R routine notes/tapes/camera/exhibits/NVC’s/anything in room
R reasons -arrested/interview/opportunity to relay your version
O objectives - talk to you about..you/last night/circs of arrest/involvement with offence
E expectations - truth/check

Set a parameter and TED
Summarise

Suspect parameters 5WH summarise and link

Police parameters 5WH summarise and link

Challenge phase

Closure

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7
Q

What to do if no comment suspect interview?

A

Use pre prepared police agenda
5WH q’s
Everything becomes a challenge
Special warnings

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8
Q

What is Sec 70?

A

Drawing adverse inferences
Asked a question and refuse to answer you then remind them about middle section of caution and that court can draw inferences if you choose not to answer now

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9
Q

What is Sec 72 special warning?

A

Failure or refusal to account for object/mark/substance in their possession
Read out
O offence investigation
F fact you are asking them to account for
F how that fact relates to offence
I court may draw inferences
T all being taped

If do it more than once only need to do FFI

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10
Q

What is Sec 73 special warning?

A

Failure or refusal to answer questions relating to presence at a particular place
Due to presence there, they are suspected to be involved in offence
OFFIT

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11
Q

When is an appropriate adult used? And what is one?

A

Juvenile 17 and under
Mental or learning disabilities

Can’t give legal advice - there to ensure welfare is ok

Parent/guardian/care authority
Social worker
Responsible person 18 or over who is not a police officer

Can’t be if also involved with offence

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