Interviews - Overviews Flashcards
What is the primary purpose of a police interview?
A) To obtain a confession from the suspect
B) To gather evidence regarding an offence
C) To intimidate the suspect into cooperating
D) To determine the suspect’s guilt before trial
B) To gather evidence regarding an offence
🔹 A police interview is conducted to gather evidence, not just to obtain confessions. Interviews should follow proper procedure, and suspects must be cautioned before questioning.
Which of the following statements about legal advice during an interview is correct?
A) The police can refuse access to a solicitor if they believe the suspect is guilty
B) The suspect can only speak to a solicitor after being charged
C) The suspect has the right to free and independent legal advice
D) The police can delay legal advice for any reason
C) The suspect has the right to free and independent legal advice
🔹 Under s.58 PACE, every suspect has a right to legal advice, and this cannot be refused unless a specific legal justification exists.
When must a suspect be cautioned?
A) Before being taken into custody
B) At the start of an interview and after a break
C) Only if they refuse to answer questions
D) After they have been charged
B) At the start of an interview and after a break
🔹 Under PACE 1984 Code C, a caution must be given before an interview begins and repeated if there is a break.
Under what circumstances can a confession be excluded from evidence under PACE 1984?
A) If it was obtained through oppression or is unreliable
B) If the suspect does not sign a written confession
C) If the confession was made after the suspect refused legal advice
D) If the suspect regrets making the confession
A) If it was obtained through oppression or is unreliable
🔹 s.76(2) PACE allows exclusion of confessions if obtained via oppression or unreliable means, such as threats or coercion.
Which police officer rank must authorise an interview if a suspect is unfit due to drink or drugs?
A) Inspector
B) Sergeant
C) Superintendent
D) Chief Constable
C) Superintendent
🔹 Only a Superintendent can authorise an interview in cases where the suspect is unfit due to intoxication or illness.
A suspect is being questioned about a robbery but has not been given disclosure about any key evidence against them. The solicitor asks for more details before advising their client. What must the police disclose before the interview?
A) The entire case file
B) Only the witness statements
C) Significant statements and the nature of the offence
D) Nothing, as disclosure is not required before an interview
C) Significant statements and the nature of the offence
🔹 Under PACE Code C 11.1A, police must disclose a significant statement (e.g., an admission of guilt) and sufficient case details for the solicitor to advise their client.
A suspect is arrested for burglary and asks for legal advice. The police believe that speaking to a solicitor may allow the suspect to warn an accomplice. Can the police delay access to legal advice?
A) No, access to legal advice cannot be delayed under any circumstances
B) Yes, but only for up to 24 hours
C) Yes, but only with written authorisation from a Superintendent
D) Yes, as long as the police inform the suspect’s family instead
C) Yes, but only with written authorisation from a Superintendent
🔹 s.58 PACE allows a Superintendent to delay legal advice (up to 36 hours) if it may interfere with evidence or alert accomplices.
A suspect makes a confession after being subjected to repeated and aggressive questioning. Their solicitor argues that the confession should be excluded. On what basis can it be challenged?
A) The suspect was guilty, so the confession is irrelevant
B) The confession was obtained through oppression, making it inadmissible under s.76 PACE
C) Confessions can only be challenged if they are in writing
D) The suspect was not formally charged yet
B) The confession was obtained through oppression, making it inadmissible under s.76 PACE
🔹 If a confession is obtained through oppression, it must be excluded under s.76 PACE.
A suspect is arrested for fraud and is due to be interviewed. They refuse a solicitor, and the police begin questioning. After 30 minutes, the suspect changes their mind and requests a solicitor. What should happen?
A) The interview should continue until the solicitor arrives
B) The interview should stop until the solicitor arrives
C) The police can refuse the request because the suspect initially declined legal advice
D) The police can only allow a solicitor if a Superintendent approves it
B) The interview should stop until the solicitor arrives
🔹 PACE Code C states that if a suspect initially declines legal advice but changes their mind, the interview must stop until legal advice is given.
A suspect is questioned in relation to a serious assault. They remain silent throughout the interview despite being given full disclosure. At trial, the prosecution argues that an adverse inference should be drawn from their silence. Under what legal provision can this happen?
A) Section 58 PACE
B) Section 76 PACE
C) Section 78 PACE
D) Section 34 Criminal Justice and Public Order Act 1994
D) Section 34 Criminal Justice and Public Order Act 1994
🔹 Under s.34 CJPOA 1994, if a suspect remains silent but later relies on a defence in court, the jury may draw an adverse inference.
