Interviews - Overview Flashcards
When must a police interview be carried out under caution?
- A suspect must be cautioned before an interview begins.
What is the standard police caution?
“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
What is the police station process before an interview?
A detainee will:
* See the custody officer, who authorises detention
* Be informed of their rights
* Have certain non-intimate samples taken
* See a healthcare professional if necessary
* Speak to a legal representative if requested
* Be interviewed
What are the possible outcomes after a police interview?
- Released under investigation or on police bail
- Charged and released on police bail to appear at Magistrates’ Court
- Charged and remanded in police custody to appear at Magistrates’ Court the next day
What are the police rankings relevant to an investigation?
- Chief Superintendent (Big boss)
- Superintendent (Little boss)
- Chief Inspector
- Inspector
- Sergeant
- Constable
Who is the investigating officer?
- Can be any rank
- Usually the officer in charge of investigating that particular offence
- The suspect’s legal representative will speak to them before the interview
- Most likely to lead the interview
Where should a police interview take place?
- At a police station or an authorised place of detention
Can an interview be delayed?
Yes, if conducting the interview immediately is likely to:
* Cause harm to evidence
* Cause harm to persons
* Result in loss or damage to property
* Alert other suspects
* Hinder the recovery of stolen property
What disclosure must the police provide before an interview?
- No automatic right to disclosure
- Police must disclose any significant statement
- Solicitor must be given the custody record
What does PACE Code C 11.1A require regarding pre-interview disclosure?
- The solicitor must be given enough information to understand:
o The nature of the alleged offence
o Why the client is suspected of committing it
What is a significant statement?
- A statement capable of being used as evidence, particularly a direct admission of guilt or a confession
How must a police interview be recorded?
- Audio recorded for indictable offences
- Written record for minor offences, non-arrested interviews, or interviews at another station
When should a suspect not be interviewed?
A person should not be interviewed if they are unable to:
* Appreciate the significance of the questions
* Understand what is happening due to drink, drugs, or illness
Can the police interview an unfit suspect?
- A superintendent can authorise an interview in such circumstances
What should a solicitor do before the interview?
- Obtain pre-interview disclosure
- Consult privately with the client
What are the practical aspects of a police interview?
- Takes place in an interview room
- Is recorded
- A lawyer is present, unless an exception applies
- The client has the option to suspend the interview to consult their lawyer
When should a solicitor intervene during an interview?
- When new information or evidence is disclosed
- When clarification is needed
- If inappropriate questioning occurs
- If inappropriate behaviour occurs
- If further legal advice is needed
- If a break is required
What is the purpose of a police interview?
- To gather evidence
What are examples of inappropriate questioning techniques?
- Misrepresenting information
- Misrepresenting key items of evidence
- Using hypothetical questions to confuse the suspect
- Repetitive questioning
- Disruptive listening (e.g., assuming responses)
Are confessions admissible in court?
- Generally, yes
When can a confession be excluded?
- Oppression
- Unreliability
- Court discretion under Section 78 PACE if admitting the confession would have an adverse effect on the fairness of the proceedings
When is a confession inadmissible?
- Oppression (e.g., torture, inhuman or degrading treatment, or threats of violence)
- Unreliability (evidence obtained due to something said or done that makes it unreliable)
- Exclusion is not automatic; the defendant must apply to have the confession excluded
What does Section 78 PACE allow?
- The court can exclude confessions even if neither oppression nor unreliability applies
- The court has discretion to exclude any evidence if admitting it would make the trial unfair
