Investigative Interview Flashcards
What are the ten principles of investigative interviewing
Ten Principles of Investigative Interviewing:
• Interviewing is heart of investigation
• Aim is to discover the truth
• Info must be complete, accurate and reliable
• Keep open mind
• Act fairly
• Questioning can be persistant
• Some witnesses require special consideration
• Suspects must be interviewed in accordance with law
• Care must be taken to id suspects requiring special consideration
• Be sensitive to cultural background and religious beliefs
What is a ‘suspect’?
Suspect’ – means any person whom it is believed has or may have committed that offence, whether they have been charged with that offfence, or there is good cause to suspect that person of having committed offence.
Explain the stages of PEACE
Planning and Preparation
Engage and Explain - rapport and explain interview process
Account, Probe, Challenge – gain account, clarify, challenge inconsistencies.
Closure – conclude and address any concerns
Evaluation
What are the interview objectives?
- Examine all available evidence, statements, exhibits
- Take relevant extracts from witness statements/reports to assist your plan
- Set objectives for the interview.
What are the investigatively important topics that you should establish prior to interviewing?
What should you written interview plan entail?
What practicalities should be considered?
What factors should you consider about your suspect?
What legal requirement do you need to fulfil?
What should you do if your suspect refuses DVD interview?
What should be contained in a suspect written interview?
What format should it take?
What if they use slang?
How do they endorse it?
What if they can’t read?
What if the suspect is uncooperative?
What should be done in terms of fingerprints?
What role does the lawyer play? What can they / can’t they do?
When should you consider delaying interview?
What should you do if suspect is intoxicated?
When should a support person be used?
What role do they play?
What should you tell them?
What if suspect or witness does not speak English, or they are not strong in English?
Deaf -
Can you challenge special consideration witnesses?
What is an exculpatory statement? Is it admissible in Court?
Under what legislation can statements be excluded due to unreliability or oppression?
Is arrest discretionary? What factors should be considered? What are the alternatives?
What is duty of care? When does it start and end?
CYPF
Who can be nom person for CYP?
Who can’t be? On what grounds can you refuse?
What if child refuses to nominate?
When should youth rights be give
When should rights be repeated?
Who can be present during youth interview?
What should you advise nominated person?
How do you ensure youth understands their rights?
What if they don’t appear to understand English
In terms of suspects, what is a youth and what is a child?
Can a child under 10 be found guilty?
Can a child 10 to 13 be charged?
Can a youth 14 to 16 be charged?
Should parent/guardian be informed , even if they are not nominated person?
- Id possible offences committed
- Consider ingredients and possible defences and decide how to counter these
- Understand strength of evidence and consider how any physical evidence will be introduced
- Know the facts and areas that need to be explored
- Establish your challenges and how to introduce them
- Decide what allegations to put to subject if they invoke right to silence.
What should you written interview plan entail?
- TEDS + 5W+H
- What is known and needs to be established
- Investigatively important topics, offences, ingredients and probably defences.
- Challenges and allegations
- Other relevant points
What practicalities should be considered?
- Special consideration arrangements
- Who should be present
- Time and location
- Check equipment – at least two copies – master and working.
- Decide if interview needs to be monitored
- Consider what is likely to happen after the interview
- Consider safety and if suspect will pose a danger
What factors should you consider about your suspect?
- Age and maturity
- Name and preferred name
- Race, gender, sexuality if relevant
- Any physical, intellectual, psychiatric or psychological impairment
- Special needs – is support person or interpreter required
- Employment and routines
- Emotional state
What legal requirement do you need to fulfil?
Caution/bill of rights
What should you do if your suspect refuses DVD interview?
If suspect refused dvd interview, take written statement
What should be contained in a suspect written interview?
- Start statement with Joe Bloggs states…
- 1st paragraph – Full details
- 2nd paragraph – Officers name and reason for statement being made
- 3rd paragraph – that suspect has been informed of caution/rights and reason for statement being made.
What format should it take?
• Record statement in Q and A format
What if they use slang?
Exact record of what is said, persons own words, slang etc
How do they endorse it?
What if they can’t read?
What if the suspect is uncooperative?
What should be done in terms of fingerprints?
What role does the lawyer play? What can they / can’t they do?
When should you consider delaying interview?
What should you do if suspect is intoxicated?
When should a support person be used?
What role do they play?
What should you tell them?
What if suspect or witness does not speak English, or they are not strong in English?
Deaf -
Can you challenge special consideration witnesses?
What is an exculpatory statement? Is it admissible in Court?
Under what legislation can statements be excluded due to unreliability or oppression?
Is arrest discretionary? What factors should be considered? What are the alternatives?
What is duty of care? When does it start and end?
CYPF
Who can be nom person for CYP?
Who can’t be? On what grounds can you refuse?
What if child refuses to nominate?
When should youth rights be give
When should rights be repeated?
Who can be present during youth interview?
What should you advise nominated person?
How do you ensure youth understands their rights?
What if they don’t appear to understand English
In terms of suspects, what is a youth and what is a child?
Can a child under 10 be found guilty?
Can a child 10 to 13 be charged?
Can a youth 14 to 16 be charged?
Should parent/guardian be informed , even if they are not nominated person?
“I have read this statement, it is true and correct…
• Sign to endorse each page – both suspect and officer
