Interviews & Disclosure Flashcards
In regards to sec 37 adverse inferences. Who must have seen the suspect at the scene ?
The arresting officer.
Who must carry out the arrest to enable a section 37 adverse inference to be generated?
A section 37 special warning can only be administered if the suspect is subsequently arrested by the same officer who saw them. (The interviewing officer can be any other officer)
If a defendant gives a prepared statement in interview but at the trial gives evidence that is inconsistent with the statement. Can a sec 34 adverse inference be drawn ?
Yes. In these circumstances as he is relying upon evidence at trial which was inconsistent with the contents of his statement.
In regards to an unsolicited comment. What must the officer do??
Make a record of the comment and then must sign and date the record thereafter.
an interviewer may delay a break if they have reasonable grounds for believing that it would either…. (4 things)
Involve a risk of harm to people
Serious loss or damage to property
Unnecessarily delay the detainees release
Otherwise prejudice the outcome of the investigation.
When must a significant silence be put to someone during an interview? And which caution to be used?
The significant silence must be put to the suspect at the start of the interview and after the administration of the standard caution.
If an officer leaves the interview room, but the other officer and detainee remain must the recording tape be stopped or removed ?
As long as its a short break and the other 2 remain in there it can just be stopped.
If I believe a suspect is having difficulties hearing my questions in interview but the suspect is happy to proceed what must i do ?
I would be permitted to proceed with the interview but must make a written note of the interview at the same time as recording.
If the rest period is delayed or interrupted because of a belief that not interrupting the period would delay unnecessarily the persons release from custody, what must be allowed ?
A fresh rest period.
When a master recording of an audio recorded interview needs to be broken who must be present ?
The defendant or their legal adviser must be present.
The general rule is that a detainee cannot be re-interviewed about an offence once charged unless its necessary to prevent ?? (3)
Minimise harm or loss to person or public.
To clear up an ambiguity in a previous statement of answer OR
In the interests of justice for the detainee to have put to them and the opportunity to comment on, info concerning the offence that has come to light since they wee charged.
In regards to a significant statement or silence. It must be capable of being used in evidence against the suspect as well as being significant in nature.
Who must the statement of silence be made in presence/hearing of ?
A police officer OR other police staff.
How often should short refreshment breaks take place during interviews ?
Every 2 hours.
How long is a meal break and how long is a short refreshment break ?
At least 45 minutes and at least 15 minutes.
If a suspect makes a complaint during an interview, what must the officer do ?
Record the complaint in the interview record and inform the custody officer.
There is NO NEED to stop recording. It should keep running until the custody officer has entered the interview room and spoken to the suspect.
Who’s decision is it to continue or terminate an interview after a complaint is made by the suspect ?
Its the interviewing officers decision. It is at their discretion pending action by the inspector.
If a master seal for an interview tape needs to be broken, does a representative of the CPS have to be present ?
Yes.
Who is responsible for establishing arrangements for breaking the master recording seal ?
The chief officer of police.
What action must be taken prior to a post charge interview ?
The interviewer must administer the modified caution and remind the detainee of their right to legal advice.
All post charge interview questions and answers shall be recorded in full. Should they be signed ?
Yes they should be signed by the detainee if they agree.
If they refuse then the interviewer should sign AND any 3rd party present.
At MAGS court, is advance disclosure always necessary ?
Only when its requested by the defence.
Can a witness give a partial account in their statement ?
NO.
True or false…..
Inadmissible evidence must still be retained ?
True.
How should relevant material be recorded ?
Durable and retrievable form.
