Interviews

Question 1

I take a break in interview. What must i do when i restart?

Answer 1

1. Remind suspect of caution or if in doubt re-administer
2. Summarise reason for break
3. Confirm reason with suspect
4. Remind them of right to legal advice

Question 2

How often should breaks be taken from interviews?

Answer 2

2 hours

Question 3

Can you make sig statements to police staff?

Answer 3

Yes

Question 4

Can you give a special warning for items found during a house search?

Answer 4

They must be found on him or at the place of arrest

Question 5

Need you ever give a caution when asking about the ownership of a car?

Answer 5

Yes if the car is suspected to be stolen

Question 6

Suspect complains during interview that he is cold. What do i do?

Answer 6

Record in interview record and tell custody officer.

Question 7

If I conceal my identity in interview, where do I record what I have done? Is it only CT jobs?

Answer 7

Custody record or PNB. Any jobs/

Question 8

Must every interview be visually recorded?

Answer 8

The legislation says discretion but that a custody officer can authorise the interviewing officer not to visually record it if there is a failure in equipment or a suitable room is not available. Reasonable grounds that the interview should not be delayed.

Or where it is clear from the outset that no prosecution will ensue.

Or the suspect resists or refuses to go to a location where it can be visually recorded.

The decision not to visually record an interview may be the subject of comment in court.

Question 9

Do you HAVE to audio record summary offences?

Answer 9

No

Question 10

Do i take responsibility from the custody officer when i go and interview someone?

Answer 10

Yes and I must report how I complied with the codes when i return them

Question 11

What risk assessment must the custody officer run through before authorising a suspect to be interviewed?

Answer 11

They must ensure that the interview will not significantly harm the dp’s mental or physical state and such a state might result them in saying something at interview that is unreliable.

Question 12

How long is a dp’s rest period?

Answer 12

8 hours continuous rest free from questioning, travel or interruption during a 24 hour period which should normally be at night or another appropriate time that takes into account when the suspect last slept or rested

Question 13

Under what circumstances can i interview during a rest period?

Answer 13

RGB that it would involve a risk of harm to people or SERIOUS loss or damage to property.

Delay unnnecessarily the release of the suspect.

Otherwise prejudice the outcome.

Or at the request of the DP, AA or legal rep.

Question 14

If a DP’s rest period is interrupted, must they be allowed fresh rest period?

Answer 14

Yes if interrupted because you have RGB that there is a risk of harm/serious loss or damage to property or if delay would unnecessarily delay the release or prejudice outcome.

No entitlement to new rest period if it is at the request of the DP, AA or legal rep or if it relates to PACE reviews or medical advice.

Question 15

What happens if the suspect refuses to have the interview recorded?

Answer 15

1. The suspect shall be advised that their consent is not required
2. The suspect shall be cautioned
3. They shall be informed that the interview can take place int heir cell and their refusal can be given in evidence (inference)
4. They shall be invited to cooperate and go to the interview room

Question 16

What if the suspect refuses to be visually recorded but is happy for audio?

Answer 16

Record their objection and either turn off the visual recording or proceed if I reasonably consider it appropriate to do so.

Question 17

Must non recorded interviews be made contemp?

Answer 17

No - if it would not be practicable or it would interfere with the conduct of the interview.

It must be made asap after the interview and it should be verbatim or an accurate summary

Question 18

How long should a meal break last for?

Refreshment break?

Answer 18

45 mins and 15 mins

Question 19

when do i remove the disc during a break in interview?

Answer 19

If either i or the suspect leave the room. The disc stays in we both stay in the room.

Question 20

If both the suspect and interviewing officer remains in the room during a break, must the recorder be turned off?

Answer 20

Discretion

Question 21

Humss wants to complain about me and raises it during an interview. What do i do?

Answer 21

Record the complaint in the interview record and inform the custody officer.

I do not need to stop the recording to inform the custody officer. The recording should be kept running until the custody officer has entered the room and spoken to the suspect.

The decision to continue to terminate the interview is at the interviewing officer’s discretion pending action by the inspector. Custody officer has no decision to make.

If humza wants to continue, then i should inform the custody officer straight after net review.

Question 22

I interview Bremerton at his cell contemp. He refuses to read my summary. What do i do?

Answer 22

Read it to them.

Ask them to approve or highlight errors.

Ask them to sign/mark.

I record their response.

Question 23

Can i break open a master disc for trials or appeals?

Answer 23

No - it must be in company of CPS and the defendant and their legal time shall be informed and given reasonable opp to attend. If they are also in attendance, they should be invited to re seal and sign or otherwise CPS will re seal and sign.

Question 24

Can I break open a master disc for other cases not going to trial?

Answer 24

A rep of each party should be given a reasonable opp to be present unless it is both necessary and the OIC has grounds to SUSPECT that allowing that opportunity might either prejudice the investigation or endanger any person.

Question 25

What if i want to break open a master copy disc and the 3rd party refuses to attend?

Answer 25

Arrangements shall be made for an independent person such as a custody visitor to be present and/or film or photographs should be taken of the procedure.

Question 26

when can i interview someone post charge?

Answer 26

• to prevent or minimise harm or loss to a person or the public
• to clear up ambiguity in a previous statement or answer
• in the interests of justice for the dep to have put to them and the opportunity to comment on, information concerning the offence that has come to light since they were charged or informed that they might be prosecuted

Question 27

What kind of caution is administered for post charge interviews?

Answer 27

Modified

Question 28

Detective Sergeant LANTZOS is carrying out an audio-recorded interview with a suspect for murder, and it is now a recognised meal time. The interview is almost complete, two hours after it started, and the suspect will be released on police bail at its conclusion.

Answer 28

The officer can carry on with the interview, recording the grounds for continuing the interview on the audio record, and then release the prisoner.

Question 29

Constable THOMPSON is interviewing a suspect regarding his involvement in a theft.

The suspect claims that he was assaulted by the arresting officer during the interview. What action should the officer now take?

Answer 29

The officer may continue with the interview; however, they must tell the suspect that the complaint will be brought to the attention of the custody officer at the conclusion of the interview.

If a suspect makes a complaint during an interview and that complaint is about a matter not connected with Code C, the decision to continue is at the interviewer’s discretion;

Question 30

DRURY has been arrested for a series of burglaries and has been in custody for some time and is being put into a rest period. After 2 hours his solicitor arrives and requests an urgent consultation with his client.

What happens to his rest period

Answer 30

He should get six hours of rest when he returns to his cell.

a detained person must have a continuous 8-hour ‘rest period’ while he or she is in detention; this period should normally be at night. The period should be free from questioning, travel or any interruption by police officers in connection with the case. The period may not be interrupted or delayed, except: If the period is interrupted in accordance with (a), a fresh period must be allowed. Interruptions under (b) and (c) do not require a fresh period to be allowed. The question relates to point (b) and therefore having had 2 hours’ rest before being interrupted, 6 more are allocated

Question 31

Part way through an interview and tapes fail. What do i do?

Answer 31

PC APPLETON should copy the tapes containing the five minute interview, seal them in McPHERSON’s presence, and recommence the interview from the point where the original tapes failed.

Where the interview is being recorded and the media or the recording equipment fails, the officer conducting the interview should stop the interview immediately. In a situation where the part of the interview is unaffected by the error and is still accessible on the media (as in this question) that media shall be copied and sealed in the suspect’s presence and the interview recommenced using new media (answer A). The interview does not begin all over again (answer B) unless the media has been destroyed so as to make it impossible to access it in any way. There is no requirement for the involvement of the custody officer or an officer of the rank of inspector or above in terms of signing the tapes

Question 32

MATHERN is 15 years old with a mental age of about 10 and has low IQ. He is accused of murder and his defence team has decided that he will not give evidence in his defence as he might find it difficult to do justice to himself in the witness box. The prosecution ask that adverse inferences are drawn from this refusal to give evidence.

Given his age and mental health, can inferences be drawn.

Answer 32

Inferences may be A drawn as it is not undesirable for MATHERN to give evidence. Section 35 of the Criminal Justice and Public Order Act 1994 provides that 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. Section 35 states: (1) At the trial of any person for an offence, subsections (2) and (3) below apply unless—(a) the accused’s guilt is not in issue; or(b) it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence… In “R v Friend” [1997] 1 WLR 1433 (in considering s. 35(1)(b) of the Act), the accused was aged 15 with a mental age of nine and an IQ of 63. It was held that the accused’s mental condition did not make it ‘undesirable’ for him to give evidence and it was right that inferences be drawn under s. 35(3). Note that the scenario states the defence felt he would not ‘do himself justice’, not that he could not give evidence

Question 33

If I decide to continue to interview through a meal break, do I record it on the custody record or interview record?

Answer 33

Short breaks for refreshment must also be provided at intervals of approximately two hours. However, subject to the interviewing officer’s discretion, a break can be delayed if there are reasonable grounds for believing that it would: • involve a risk of harm to people, or serious loss of, or damage to, property; • delay unnecessarily the detainee’s release; • otherwise prejudice the outcome of the investigation. It is the officer’s choice and a break does not have to be taken (answers A and B are therefore incorrect). Any decision to delay a break during an interview must be recorded, with grounds, in the interview record (either on the written record, or on audio)

Question 34

Must we inform someone not under arrest that they may be prosecuted?

Answer 34

It is not mandatory to administer a caution but a failure to do so will prevent any section 34 adverse inference at trial.

Question 35

Can you ever give special warnings in the absence of AA’s for juveniles/mental health?

Answer 35

No - must be with AA present

Question 36

Must we record whether a caution has been administered during interview?

Answer 36

Yes either in interview record or interviewers PNB

Question 37

A suspects account at court has changed since the interview. We must now apply the reasonableness principle. What are the 3 factors?

Answer 37

1. Whether the suspect was fit for interview
2. Whether the suspect could have been expected to immediately recollect the fact at the time of the interview
3. Whether there has been adequate disclosure for the solicitor

Question 38

When must we conclude an interview?

Answer 38

There is sufficient evidence to provide a realistic prospect of conviction for that offence if the person was prosecuted for it.

Paragraph 11.6 states that the interview shall cease if the investigating officer considers that: • all the questions relevant to obtaining accurate and reliable information about the offence have been put to the suspect, this includes allowing the suspect an opportunity to give an innocent explanation and asking questions to test if the explanation is accurate and reliable; • has taken account of any other available evidence; and • there is sufficient evidence to provide a realistic prospect of conviction for that offence if the person was prosecuted for it. The investigating officer shall then bring the detained person before the custody officer for charge. It is sufficient evidence to provide a realistic prospect of conviction, not prosecute; it does not mention admissible evidence;

Question 39

If a solicitor refuses to sign a interview label what happens?

Answer 39

If the suspect or third party refuses to sign it, an inspector, or if not available a custody officer, shall be called into the interview room and asked to sign it.

Question 40

If a solicitor refuses to sign an interview label at a non-designated custody and the inspector isn’t available, what happens?

Answer 40

If the suspect or third party refuses to sign it, an inspector, or if not available a custody officer, shall be called into the interview room and asked to sign it.

The inspector is not available so the custody officer should sign the seal and there is no need to seek any authority prior to doing so.

The interviewer has no further part to play where a third party refuses to sign the label.

Question 41

Two officers are interviewing a suspect. One interviewing officer leaves leaving the suspect and a detective in the room on their own. Should the discs be stopped or left running?

Answer 41

It “may” be turned off, because one of the interviewing officers has left the interview room.

When a break is to be a short one, and both the suspect and a police officer are to remain in the interview room, the fact that a break is to be taken, the reasons for it and the time shall be recorded on the recording media. The recording equipment may be turned off, but there is no need to remove the recording media. When the interview is recommenced the recording shall continue on the same recording media and the time at which the interview recommences shall be recorded.

There is no requirement to remove the recording media, because one of the officers and the suspect are still in the room, and there is no likelihood of it being interfered with.

Further advice is contained in Note 4E, which states that the officer: “should bear in mind that it may be necessary to satisfy the court that nothing occurred during a break in an interview or between interviews which influenced the suspect’s recorded evidence.” Note that in extended breaks, where the suspect leaves the interview room, the recording equipment “must” be turned off and the recording media removed.

Question 42

If there is a short break and both officer and suspect remain in interview room, do you continue on same discs?

Answer 42

When a break is to be a short one, and both the suspect and a police officer are to remain in the interview room, the fact that a break is to be taken, the reasons for it and the time shall be recorded on the recording media. The recording equipment may be turned off, but there is no need to remove the recording media. When the interview is recommenced the recording shall continue on the same recording media and the time at which the interview recommences shall be recorded.

Question 43

Can a suspect say a significant comment to police staff?

Answer 43

Yes

Question 44

If a victim is located on a suspects arrest for false imprisonment, is it an object that can be used for a special warning?

Answer 44

Yes - a person held against their will has been deemed to be an object in offences of kidnap, false imprisonment, child abduction and murder.

Question 45

McGUIGAN has been arrested and is about to be interviewed on audio. The custody officer tells McGUIGAN that his nominated solicitor refuses to attend, and asks if he wishes to nominate another solicitor or the duty solicitor.

However, McGUIGAN declines to ask for the duty solicitor or another solicitor. In the circumstances outlined above, can the audio-recorded interview proceed?

Answer 45

Yes, provided an officer of the rank of inspector has given agreement and the suspect agrees in writing.

Inspector has to agree - if the authority is not recorded in the custody record, the officer must ensure that the custody record shows the date and time of the authority and where it is recorded.

Suspect must be in writing.

Question 46

Constable CONWAY is interviewing a suspect suspected of theft. The officer has gained a significant amount of evidence and is wondering at what point in time the interview should be concluded.

When should the officer conclude the interview?

Answer 46

Where there is rpoc.

Question 47

You go in for a second interview, the solicitor is present again. Do you have to check they have had sufficient time with their solicitor?

Answer 47

No - you just have to remind them that they are entitled to free independent legal advice

Question 48

If a suspect now doesn’t want a solicitor having initially asked for one, we know an inspector must be called and must agree. What about the suspect?

Answer 48

They must also agree in writing.

Question 49

I caution a suspect in interview. I ask if the suspect has understood it. The solicitor pipes up and says he has explained the meaning of the caution to his client already. Must i explain it too or can i move on?

Answer 49

If it appears to me that he doesn’t understand the caution, I should go on and explain it otherwise crack on.

Question 50

What if the suspect leaves the interview during a break but the solicitor remains. Do we have to start new discs?

Answer 50

Yes

The recording media shall be removed and procedures for concluding the interview followed. Just think about suspect and police officers - solicitor is irrelevant.

Question 51

Who can a sig statement be made to?

Answer 51

Police officers and staff only. Must be relevant to offence.

Compared to confessions which can be made to anyone.

Question 52

Can you do an urgent interview for summary offences?

Answer 52

Yes

Question 53

Do i need authority to do an urgent interview away from custody?

Answer 53

No

In custody - yes - super.

Question 54

For a special warning, must the object have been found on them?

Answer 54

Or in their immediate proximity.

Question 55

Intelligence has been received in relation to drug dealing. Car pulled over and package seen on back seat. Can we ask what is in the package?

Answer 55

No - advanced intel.

If there wasn’t we can ask to assist in search.

Question 56

Must you always ask someone to endorse a significant comment?

Answer 56

Where practicable

Question 57

If someone is fleeing from a scene as the police pull up and is arrested, can you still do a special warning?

Answer 57

GREGAN was ‘found’ by Constable FARLEY at a place at or about the time the offence for which he was arrested was committed—the fact that he fled the scene does not discount that he was found at the scene. An inference may be drawn if he fails to account for his presence at the scene

Question 58

What should the certified recording material have superimposed on it?

Answer 58

Date and time of the interview

Question 59

I know that for case not going to trial, i can break open the interview discs. I also know that a representative of each party should be present. When can I prevent a rep from each party being present?

Answer 59

If I have RGS that allowing this might prejudice investigation or endanger any person.

Question 60

Can you give a special warning in post charge interviews?

Answer 60

Yes

Question 61

Can non police officers give a special warning?

Answer 61

Yes

Question 62

When considering adverse inferences, what factors should the court consider?

Answer 62

Defendant’s age, experience, mental capacity, state of health, sobriety, tiredness and personality.

Question 63

What four places can an object, mark or substance be found for a special warning?

Answer 63

1. On their person
2. In or on clothing/footwear
3. Otherwise in their possession
4. In the place arrested

Question 64

I know that if there is a break in the interview and the suspect has consulted with their solicitor again, i only need to remind them of their right to legal advice and not check whether they have had sufficient time. Do I need to remind them of anything else?

Answer 64

that the interview can be delayed for legal advice to be obtained

Even if the solicitor is there!

Question 65

If i take a break from interview and only remind them that they are under caution, is this acceptable?

Answer 65

Yes

If there is any doubt, the relevant caution should be given again in full when the interview resumes. The requirement is to remind the suspect and caution again only where there is doubt the suspect knows they are still under caution

Question 66

What is an unsolicited comment?

Answer 66

A comment implicating them in an offence before they are suspected of any involvement and before they are cautioned.

Question 67

What is the difference between section 36 and 37 for special warnings?

Answer 67

36 - marks and objects

37 - presence

Question 68

What must the interviewer record post interview?

Answer 68

They shall make a note in their PNB that the interview has taken place, that it was audio recorded, the time it commenced, its duration and the ID number of the master disc.

Question 69

If a suspect attends voluntarily and is arrested, when does their 24 hour rest period in which they should not be questioned, travelled or interrupted begin?

Answer 69

From the time of their arrest at the station.

Question 70

If a rest period is interrupted due to medical advice, are they entitled to a fresh period afterwards?

Answer 70

No

Question 71

If a rest period is interrupted due to RGB that it would delay the persons release from custody, will they get a fresh rest period?

Answer 71

Yes

Question 72

If there is a complaint during interview about the arresting we know that we can carry on interviewing and tell the custody officer after. What must the custody officer do?

Answer 72

Report the matter to an inspector or above not connected with the investigation.

If the complaint relates to a possible assault or unreasonable force, an appropriate health care professional must also be called ASAP. This is mandatory.

Question 73

If a suspect makes a complaint about PACE, should the interview be stopped immediately?

Answer 73

No tapes should remain running whilst a custody officer is sought.
Discretion of interviewer as to whether it continues or not.
If continued - the interviewer should tell DP that it will be brought to the custody officer’s attention after.

Question 74

To interview a DP during their rest period, is it RGS or RGB that one of the criteria are present?

Answer 74

Believe

Question 75

Do we have to believe there will be serious harm to interview during a rest period?

Answer 75

No just harm.

Serious loss/damage to property though.

Question 76

Do we have to believe that there will be serious loss or damage to property to interview through a rest period?

Answer 76

Yes serious only.

Doesn’t have to be serious harm to people, just harm.

Question 77

Under what circumstances do you not need to caution someone arrested?

Answer 77

1. If it is impracticable to do so because of their condition or behaviour at the time or
2. They have already been cautioned immediately prior to arrest

Question 78

What is a significant silence?

Answer 78

A failure or refusal to answer a question or answer satisfactorily when under caution, which might, allowing for the restriction on drawing adverse inferences from silence, give rise to an inference.

Question 79

If i do a written record of an interview but the suspect can’t read, what happens now?

Answer 79

The senior interviewer present shall read it to them and ask whether they would like to sign it as correct or makes their mark or indicate how they consider it inaccurate. The interview shall certify on the interview record itself what has occurred.

Question 80

Can I prompt a DP that is making a written statement?

Answer 80

No

Unless to indicate to them which matters are material or question any ambiguity in the statement.

Question 81

In addition to summary offences, it is not necessary to audio record interviews where the suspect has been detained on suspicion of committing which four offences?

Answer 81

1. Possession of cannabis
2. Possession of Khat
3. Retail theft
4. Criminal damage

Question 82

I know that there are four offences where we do not need to interview. What criteria is required to be met?

Answer 82

1. Appears to be 18 or over
2. Does not require an AA
3. Appears to be able to appreciate the significance of questions and their answers
4. Does not appear to be able to understand what is happening because of the effects of alcohol, drugs or illness
5. Does not require an interpreter

Question 83

DP has been arrested on suspicion of retail theft. I know I do not need to audio record the interview. The suspect requires an interpreter. Do I now need to audio record it?

Answer 83

Yes

If they require an interpreter, are a juvenile, under effects of substance or illness or need an AA then it must be audio recorded.

Question 84

What happens if I am interviewing someone that has a hearing impediment?

Answer 84

Interpreter and make a written note of the interview at the same time as audio recording it.

Question 85

I know that an interview must cease where there is RPOC. Who decides whether there is a RPOC?

Answer 85

Voluntary interviews - interviewing officer

Custody - custody officer

Question 86

What must an interviewing officer record after interview and where?

Answer 86

In their PNB they should note:

1. That an interview has taken place
2. That it was audio recorded
3. The time it commenced
4. The duration
5. The date and identification number of the master recording

Question 87

I know that after an interview, the interviewing officer must record details in his PNB. When must this be completed?

Answer 87

There is no time limit imposed.

Question 88

Is an article discarded 2 metres away found on arrest considered sufficient for a special warning?

Answer 88

Yes

Question 89

Must you summarise the reason for a break in the interview when you restart?

Answer 89

No

The officer should CONSIDER summarising.