Interviews Flashcards
PACE Codes C,E & F
When Q’ing person as a witness, they begin to incriminate themselves, must caution and offer legal advice o/wise interview may be inadmissible in court.
Giving warning/NIP for Road Traffic offence not = informing person they may be prosecuted therefore can continue to interview.
s34 Criminal Justice Act 1994 = if cautioned, inferences can be drawn if fail to mention fact which later rely on in court as defence. If def alleges they DID mention fact - prosecution must prove to the contrary. If prosecution want to draw inference from def silence, must re-interview with sols present if they subsequently ask for legal advice.
s36 & 37 Criminal Justice Act & Public Order Act 1994
Special Warnings - apply only to persons arrested by PC or HMRC. Inferences drawn by def failure to account for OBJECT, SUBSTANCE, MARK, on his person, in his possession or in any place at time arrest which is connected to offence.
s36 = at or near place at time of arrest. s37 = at place at time of arrest
Must inform def of reasonable belief and effect of failure to comply.
Accused does not have to give evidence but if chose to court can draw inference from any silence.
Special warnings must be given in presence AA. Caution must be repeated in presence of AA.
Must interview following arrest at PS unless delay would;
interfere/harm evidence/people;
serious loss/damage to property
alerting o/s offenders
hinder recovery property obt in commission offence.
Interview ceases as soon as risk averted.
Any significant Statements/silence put to def at start interview. (Made in presence of PC). KIV this and unsolicited comments, can ask Def to sign record of statement.
Live-link interviews both PC and def must be able to see and hear each other. Must demonstrate how live-link works.
Should not interview juveniles at school if possible. Try to obtain parent for AA o/wise use teacher if delay would hinder investigation.
If AA needs to be excluded from interview due to behaviour Supt (or Insp if Supt not available) must be consulted.
Supt can auth int in absence of interpreter if Q’ing officer can speak language. Only in exceptional circs as above
DP has minimum of 8 hrs in any 24 hrs to be free from questioning, travel or interruption in connection with the investigation.
If interruption is at request of DP, AA or Sols or to comply with legal obligations, NO fresh period required.
Do not need DP’s consent for interview. Custody sgt can direct interview to take place in cell if DP refuses to engage. Advise that their failure to co-operate may be given in evidence.
Breaks (45mins)at meal times. Refs breaks (15 mins) every 2 hrs.
Any complaint during interview re Breach Codes should be noted in interview record and brought to Custody Sgts attention.
If DP declines live-link, Custody sgt should try to resolve, failing that Insp can auth live-link in writing.
Disclosure before int = custody record
Disclosure before ID procedures - First description
If sols advise no comment on ground of insufficient disclosure courts MAY not make inference from any silence but Def cannot rely on this advice.
If restriction on inferences applies (ie not allowed legal rep/further interview following charge) need to state alternative caution. Does not include MAY HARM YOUR DEFENCE IF YOU DO NOT MENTION WHEN QUESTIONED SOMETHING WHICH YOU LATER RELY ON IN COURT.
When allowed legal advice must advise them reverting back to original caution.
Interviews under TACT must be audio and visual recorded.
Suspect interviews should be recorded. Relevant officer (custody officer) can authorize written record if unable to use recording device. For voluntary interviews o/s custody relevant officer is interviewing officer.
If unsafe to provide officer details - Give collar number and station.
Sgt can determine if location is appropriate for interview.
Must record interview pre charge and post charge, also if charged/RFS record the giving of any written witness statements, co-acc interview summaries.
Urgent interviews can occur before arrival at PS. Interviewing officer must justify and auth this.
Relevant Officer decides if interview should be audio recorded for voluntary interviews as follows;
Sgt - Ind offence at PS & ind offence (Not in Annex) if not at PS.
If suspect has hearing impediment, make written copy at time of recording.
Interviewer in cons. with IO if summary offence or Annex ind offence if not at PS.
annex conditions:
1 - The indict offence is poss cannabis, poss khat, shoplifting, crim dam. ONLY 1 OFFENCE.
2. o’18,not vuln, not under influence, not caused injury, sub financial loss, threat/risk of injury.
SPECIAL WARNINGS; P erson C lothing F ootwear O therwise in possession or P lace S ubstance O bject M ark M ark on object
