Interviews

Question 1

What is a ‘caution’?

Answer 1

A person whom there are grounds to suspect of an offence must be cautioned before any questions about an offence.

If questions provide to grounds for suspicion then they are to be immediately cautioned at the point suspicion is formed and questions ceased.

This means the suspect’s silence, (i.e failure or refusal to answer satisfactorily) may be given in evidence to a court in a prosecution.

Question 2

There is no need to provide a caution when:

Answer 2

When asking for a person’s identity or the identity of the owner of a vehicle.

When asking for a driver’s name and date of birth under the Road Traffic Act 1988.

When asking a suspect to read and sign records of interviews and other comments.

Before conducting a search.

Question 3

If a juvenile or a vulnerable person is cautioned in the absence of their appropriate adult, what must happen?

Answer 3

The caution must be repeated in the appropriate adult’s presence.

Question 4

Why are ‘cautions’ or ‘warnings’ used?

Answer 4

To protect the suspects rights and keep him/ her informed of the possible consequences of what they say (or don’t say) during an investigation.

Police officers must always record when a caution has been used.

Question 5

In Code C, paragraph 10 of the PACE Codes of Practice when does it say a warning or caution must be used?

Answer 5

‘When, on an objective test, there are grounds for suspicion, falling short of evidence which would support a prima facie case of guilt, not simply that an offence has been committed, but committed by the person who is being questioned’.

Question 6

What are the three different cautions for use during investigations, what are they?

Answer 6

The ‘when’ questioned caution is used at arrest and interview.

The ‘now’ caution is used just before a person is charged with an offence.

The ‘restricted’ caution is used only for interviews after charge.

Question 7

What are three parts to a caution?

Answer 7

Part 1: ‘You do not have to say anything’
…The defendant does not have have to implicate him/ herself and always has the right to say nothing.

Part 2: ‘…but it may harm your defence if you do not mention…’
a) When questioned OR b) now
Something which you later rely on in court.

Part 3: Anything you do say me be given in evidence.

Question 8

The use of the ‘when questioned’ caution is given to a suspect at the time of arrest, unless:

Answer 8

• it is impossible to give the caution, e.g if the person is very intoxicated, or was violent and needed to be restrained.
• the caution has been given earlier (eg when a person who is suspected of committing an offence has attended a police station voluntarily to be interviewed).

Question 9

The use of the ‘now’ caution

Answer 9

Suspect’s last chance to have anything recorded about the offence.

It is used at the end of an investigation, for instance when charging a detained person with an offence.

Question 10

The use of the ‘restricted’ caution

What is it?

Answer 10

If a suspect is interviewed after being charged then the ‘restricted’ caution is used.

‘You do not have to say anything unless you wish to do so, but anything you do say may be given in evidence’

Question 11

Information to be given on arrest.

Under s 28(1) of the PACE Act 1984 and Code G para 2.2, when a person is arrested, the officer must tell the person at the time of the arrest…

Answer 11

• That he/she is under arrest (even if it seems obvious) “I am arresting you”.
• The reasons for the arrest; and
• The necessity for the arrest

“I have just seen you…I am arresting you on suspicion of…the arrest is necessary to allow the fast and effective investigation of the offence by interviewing you at the police station…

Question 12

What to do after an arrest

Answer 12

The suspect must be cautioned and the officer must make a PNB record (unless it is impracticable to do so) about:

• the nature and circumstances of the offence leading to the arrest
• the reason or reasons why the arrest was necessary
• that a ‘when questioned’ caution was given; and
• anything said by the person at the time of the arrest

Question 13

Whenever a person is not under arrest and is initially cautioned, or reminded that they are under caution, that person must at the same time be told what?

Answer 13

That they are not under arrest and mist be informed of the provisions of paragraphs 3.21 to 3.21B which explain that they need to agree to be interviewed, how they may obtain legal advice according to whether they’re at a police station or elsewhere and the other rights end entitlements that apply to a voluntary interview.

Question 14

An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence which under paragraph 10.1 must be carried out under caution.

Before a person is interviewed, what must be given to the person and their solicitor?

Answer 14

Sufficient information to enable them to understand the nature of any such offence and why they are suspected of committing it.

Question 15

What are Interview/Written Records?

Answer 15

An accurate record must be kept of the interview, including:

• Place of Interview
• Timings
• Names of those present

If a written record is not made at the time of the interview, then it must be made as soon as practicable (and the reason why documents in the interview record).

Unless impracticable, the person interviewed shall be given the opportunity to read the interview record and sign it as to indicate it being accurate or not (right also open to their solicitor or appropriate adult).

Any refusal by a person to sign should also be recorded.

Question 16

In any period of 24 hours, a detainee must be allowed what?

Answer 16

A continuous period of at least 8 hours for rest, free from questioning, travel or any interruption in connection with the investigation concerned.

This period should normally be at night or at other appropriate time which takes account of when the detainee last slept or rested.

If the period is arrested at a police station after going there voluntarily, the period of 24 hours runs from time of arrest and not time of arrival at police station.

Question 17

The 8 hour period a detainee is entitled to where they are kept for any period of 24 hours may not be interrupted or delayed, except:

Answer 17

(a) When there are reasonable grounds for believing not delaying or interrupting the period would:
(i) involve a risk of harm to people or serious loss of, or damage to, property;
(ii) delay unnecessarily the person’s release from custody;
(iii) otherwise, prejudice the outcome of the investigation;

(b) At the request of the detainee, their appropriate adult or legal representative;

(c) when a delay or interruption is necessary in order to:
(i) comply with the legal obligations and duties arising under section 15;
(ii) to take action required under section 9 or in accordance with medical advice.
.
.
.
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.

Question 18

There is no specific provision within PACE for the disclosure of any specific information to a solicitor other than…

Answer 18

• Custody record.
• For identification procedures, the first description.

Practically a balance needs to be met in giving enough information to the solicitor for them to advise their client in avoiding giving too much away for them to aval themselves of an excuse and allow the suspect to create an account.

Question 19

Urgent Interviews

Following a decision to arrest a suspect, they must not be interviewed about the relevant offence except at a police station or other authorised place of detention, unless the delay would be likely to:

Answer 19

(a) Lead to interference with, or harm to, evidence connected with an offence; interference with, or physical harm to, other people, or serious loss of, or damage to, property.
(b) Lead to alerting other people suspected of committing an offence but not yet arrested for it.
(c) Hinder the recovery of property obtained in consequence of the commission of an offence,

Interviewing in any of these circumstances shall cease once the relevant risk has been averted or the necessary questions have been put in order to attempt to avert that risk.

Question 20

1. What is a ‘Significant Statement’?

2. What is a ‘Significant Silence’?

Answer 20

1. One which appears capable of being used in evidence against the suspect, in particular a direct admission of guilt.
2. 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.

At the start of an interview, the officer will question the suspect on giving one of the above (if they have) and if they confirm/ deny/ want to add anything.

Question 21

If reason(s) for arrest cease to exist accused should be released and processed by summons

PACE section…

Answer 21

Section 30(7) and 30(7A) and (8) of PACE provides that:

‘A person arrested by a constable at a place other than a police station shall be released without bail if a constable is satisfied at the time before the person reaches a police station that there are no grounds for keeping him or her under arrest releasing him/her on bail. The constable must record the fact that this has happened’

Question 22

An interview must cease in what circumstances?

Answer 22

(a) The officer in charge of the investigation is satisfied all the questions they consider 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, e.g. to clear up ambiguities or clarify what the suspect said;
(b) The officer in charge of the investigation has taken account of any other available evidence; and
(c) The officer in charge of the investigation, or in the case of a detained suspect, the custody officer, reasonably believes there is sufficient evidence to provide a realistic prospect of conviction for that offence.

Question 23

Juveniles and Interviews

1. Where can they be interviewed?
2. Who should be notified?
3. What happens if awaiting the appropriate adult would cause unreasonable delay?

Answer 23

1. Juveniles may only be interviewed at their place of education in exceptional circumstances and only when the principal or their nominee agrees.
2. Every effort should be made to notify the parent(s) or other person responsible for the juvenile’s welfare and the appropriate adult, if this is a different person, that the police want to interview the juvenile and reasonable time should be allowed to enable the appropriate adult to be present at the interview.
3. If awaiting the appropriate adult would cause unreasonable delay, and unless the juvenile is suspected of an offence against the educational establishment, the principal or their nominee can act as the appropriate adult for the purposes of the interview.

Question 24

Juveniles and Interviews

If an appropriate adult is present at an interview, they shall be informed:

Answer 24

• They are not expected to act simply as an observer; and
• The purpose of their presence is to:
∼ advise the person being interviewed;
∼ observe whether the interview is being conducted properly and fairly;
∼ facilitate communication with the person being interviewed.

Question 25

The following persons may not be interviewed unless an officer of superintendent rank or above considers delay will lead to what consequences?

(a) A juvenile or person who is mentally disordered or otherwise mentally vulnerable if at the time of the interview the appropriate adult is not present;

(b) Anyone other than in (a) who at the time of the interview appears unable to:
• appreciate the significance of questions and their answers; or
• understand what is happening because of the effects of drink, drugs or any illness,
ailment or condition;

(c) A person who has difficulty understanding English or has a hearing disability, if at the
time of the interview an interpreter is not present.

Answer 25

(a) Will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; or
(b) Will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) Will hinder the recovery of any property obtained as a result of such an offence.

These interviews may not continue once sufficient information has been obtained to avert the consequence.

Question 26

If a suspect takes steps to prevent themselves being questioned or further questioned, e.g. by refusing to leave their cell to go to a suitable interview room or by trying to leave the interview room, what happens?

Answer 26

They shall be advised their consent or agreement to interview is not required.

The suspect shall be cautioned and informed if they fail or refuse to co-operate, the interview may take place in the cell and that their failure or refusal to co-operate may be given in evidence.

The suspect shall then be invited to co-operate and go into the interview room

Question 27

Questioning - special restrictions

If a person is arrested by one police force on behalf of another and the lawful period of detention in respect of that offence has not yet commenced, what cannot happen?

Answer 27

No questions may be put to them about the offence while they are in transit between the forces except to clarify any voluntary statement they make.

Question 28

Breaks in Interview

Answer 28

Breaks from interviewing should be made at recognised meal times or at other times that take account of when an interviewee last had a meal. Short refreshment breaks shall be provided at approximately two-hour intervals, subject to the interviewer’s discretion to delay
a break if there are reasonable grounds for believing it would:
(i) involve a:
• risk of harm to people;
• serious loss of, or damage to, property;
(ii) unnecessarily delay the detainee’s release;
(iii) otherwise, prejudice the outcome of the investigation.

Question 29

Complaints

If during the interview a complaint is made by or on behalf of the interviewee concerning the provisions of any of the Codes, or it comes to the interviewer’s notice that the interviewee may have been treated improperly, the interviewer should:

Answer 29

(i) Record the matter in the interview record;

(ii) Inform the custody officer, who is then responsible for dealing with it

Question 30

Live links

Answer 30

The custody officer must be satisfied that the live link to be used provides for accurate and secure communication with the suspect.

Each decision must take account of the age, gender and vulnerability of the suspect, the nature and circumstances of the offence and the investigation and the impact on
the suspect of carrying out the interview by means of a live link. For this reason, the custody officer must consider whether the ability of the particular suspect, to
communicate confidently and effectively for the purpose of the interview is likely to be adversely affected or otherwise undermined or limited if the interviewing officer is not physically present and a live-link is used.

Question 31

Following a complaint over the use of a live link, authority from an Inspector may be given if the officer is satisfied that interviewing the detainee by means of a live link is necessary and justified.

In making this decision, the officer must have regard to:

Answer 31

(i) the circumstances of the suspect;
(ii) the nature and seriousness of the offence;
(iii) the requirements of the investigation, including its likely impact on both the suspect and any victim(s);
(iv) the representations made by the suspect, their solicitor or appropriate adult that it should not be used.
(v) the impact on the investigation
(vi) the risk if the interviewer is not physically present, evidence obtained using link interpretation might be excluded in subsequent criminal proceedings; and
(vii) the likely impact on the suspect and the investigation of any consequential delay to arrange for the interviewer to be physically present with the suspect.

Question 32

Special warnings

What are ‘special warnings’?

Answer 32

s36 and s37 Criminal Justice and Public Order Act 1994

This relates only to persons who have been arrested who fail to account for something that the investigator reasonably believes is fundamental in the fact that they were involved in the offence. A Special Warning is given meaning that inferences can be drawn from their failure to answer.

s36: FAILURE TO ACCOUNT FOR OBJECTS, SUBSTANCES AND MARKS.

S37: FAILURE TO ACCOUNT FOR PRESENCE

Question 33

Special warnings – Section 36

A person is arrested and on his…

Answer 33

PC FOPSOMM

P erson 
C lothing 
F ootwear
O therwise in his possession or
P lace at time of arrest a 
S ubstance 
O bject
M ark
M ark on an object

….at the time of arrest and is REFUSING to account as to why this is, can be subject of a special warning

Question 34

Special warnings – Section 37

What four things need to be satisfied?

Answer 34

s37: A person is arrested and found at the place or about the time of the offence that was alleged to have been committed and they reasonably believe this is because they were involved in the offence.
1. The person has been arrested.
2. An officer reasonably believes that what they are asking may be linked to their participation in the offence.
3. The detainee is informed and asked for an explanation.
4. The interviewer tells them in plain language that by not answering an inference could be drawn.

Question 35

Special warnings

For an inference to be drawn when a suspect fails or refuses to answer a question about one of these matters or to answer it satisfactorily, the suspect must first be told in ordinary language:

Answer 35

a) what offence is being investigated;
(b) what fact they are being asked to account for;
(c) this fact may be due to them taking part in the commission of the offence;
(d) a court may draw a proper inference if they fail or refuse to account for this fact; and
(e) a record is being made of the interview and it may be given in evidence if they are
brought to trial.

Question 36

Special warnings

Can inference be drawn from silence or refusal to answer?

Answer 36

No – these will not be sufficient alone to prove guilt and obtain a conviction.

Question 37

What must be done before an interview?

Answer 37

• Remind the suspect of their right to free legal advice and that the interview can be delayed for that reason.
• Cautioning the suspect.
• Put to them any significant silence or statement (which has not been put to them in a previous interview) and ask them to confirm or deny it and if they want to add anything.

Question 38

The Removal of a Solicitor from an interview…

Answer 38

6. 9: May only be requested to leave if their conduct is such that the interviewer is unable to properly put questions to the suspect.
7. 10: If the interviewer considers a solicitor is acting in such a way…stop the interview and consult Inspector not connected with the investigation…can decide if the interview should continue in the presence of the solicitor…if not the suspect will be given the opportunity to consult another solicitor to be present.
8. 11: The removal of a solicitor from an interview is a serious step…superintendent who took the decision will consider if it should be reported to the Solicitors Regulatory Authority.

Question 39

Written Statements under Caution, PACE says…

Answer 39

A person shall always be invited to write down what they want to say. They can make this statement before they have been charged, on being charged or having already been charged.

It needs to begin with, “I make this statement of my own free will.”

A person can ask a police officer or police staff to write the statement for them.

Question 40

When should audio recording interviews be made?

Answer 40

For all indictable/ either way offence.

The Terrorism Act 2000 and the Counter-Terrorism Act 2008 make separate provisions for video recording with sound.

Question 41

If the suspect appears to have a hearing impediment, what must be done?

Answer 41

The interviewer shall make a written note of the interview in accordance with Code C, at the same time as audio recording it in accordance with this Code.

Question 42

When a break is taken, what must be done?

Answer 42

When a break it taken, the fact that a break is to be taken, the reason for it and the time shall be recorded on the audio recording.

Question 43

Example of a Special Warning…

Bernard is arrested for Burglary of an estate agent and on arrest has a set of keys for the premises in his pocket.

He is failing to answer any questions in the interview so you decide to give him a special warning for the keys.

The reason being is that you believe that he used these keys to facilitate entry and commit the burglary.

Answer 43

1. Details of the offence: You have been arrested for burglary of Auckland Estate Agents.
2. What you want them to account for: On arrest, you were found to have a set of keys in your pocket.
3. Why do you think this fact links them to the offence: I believe that you used these keys to gain entry to the estate agents and steal the cash and laptops.
4. Inference: That a court may choose to draw an inference from your failure to account or explain for the keys to be in your pocket at the time of the arrest.
5. Record: That a record is being made of the interview and should the matter go to court that it may be used in evidence.

Question 44

List of examples of Special Warnings:

Answer 44

1. The suspect is arrested for GBH and has blood on his jumper.
2. The suspect has a hammer in his pocket when arrested for TFMV (smashed windows).
3. The suspect is located hiding in some bushes next to where the burglary happened.
4. The suspect’s shoes are covered in diesel after a large theft of fuel.
5. The suspect’s knuckles are swollen and cut after being arrested for assault.
6. The suspect is in possession of a stolen car radio from a recent break in.

Question 45

Question: PC Mars is interviewing Terry for stealing car batteries from an enclosed yard. Terry was arrested hiding behind one of the containers. He explains to PC Mars that the reason he was arrested there was because he had nipped into the yard to urinate. PC Mars does not believe him so decides to give him a special warning about being found at the scene of the crime.

Is PC Mars correct in giving this special warning?

Answer 45

• No, he is wrong to give a special warning.
• A special warning is only to be given if the suspect fails or refuses to account for a certain fact. Terry is lying about the reason he was found in the enclosed yard but he has given an explanation.

Question 46

Question: PC Scott has responded to a recent break-in of a bakery. He attends the scene and finds a broken rear window. A search of the premise finds a suspect called Paul hiding under the stairs in the back of the store. He is arrested for burglary and taken to the station. He is in an interview and is answering no comment to all questions. You decide to give a special warning to Paul.

What would you say to him?

Answer 46

1. Paul, I am investigating a burglary at Westfield Bakery where £200 was stolen from the till.
2. I arrested you at 7am this morning under the stairs in Westfield Bakery.
3. I believe that the reason you were under the stairs in Westfield Bakery was because you were th one who had broken in an committed the burglary.
4. You have failed to account so far as to why you were there. Therefore I am going to give you something called a Special Warning. That means that I am going to ask you again why you were found under the stairs at Westfield Bakery.
5. I must warn you that a court may draw their own conclusions if you fail to answer or account for why you were there. I will remind you this interview is being recorded.

Question 47

Can the accused be convicted solely on an inference from a special warning?

Answer 47

Of course not, other evidence would be required for the prima fascia case.

Question 48

Can a special warning be given without a solicitor present?

Answer 48

Yes, it is their choice to have a solicitor or not.

Question 49

What if the suspect gives an account that you do not believe, can a special warning be issued?

Answer 49

No, the suspect needs to fail or refuse to account.

Question 50

Is it only the officer who finds the mark able to give the special warning?

Answer 50

No, the interviewing officer gives the special warning.

Question 51

What 5 points must be covered when an interviewing officer gives a special warning to a suspect?

Answer 51

1. What offence is being committed.
2. What ‘fact’ he/she is asking the suspect to account for.
3. That he/she believes the ‘fact’ may be due to the suspect’s taking part in the commission of the offence.
4. That a proper inference may be drawn if the suspect fails or refuses to account for the ‘fact’ about which he/she is being questions, and
5. That the interview is being recorded.