Investigative Interviewing Flashcards
What are the 7 principles of Investigative Interviewing?
- Obtain accurate and reliable accounts from victims, witnesses or suspects about matters under police investigation
- Investigators must act fairly when questioning victims, witnesses and suspects. Vulnerable people must be treated with particular consideration at all times
- Investigative mindset. Accounts obtained should be tested against what the interviewer already knows or what can reasonably be established
- Investigators are free to ask a wide range of questions if relevant to the investigation
- Investigators should recognise the positive impact of an early admission
- Investigators are not bound to accept the first answer given. Questioning is not unfair merely because it is persistent
- Even when a suspect exercises the right to silence, investigators have a responsibility to put questions to them
What does PEACE stand for?
P - Planning and preparation
E - Engage and explain
A - Account clarification (witnesses/ victims)/ Account challenge (suspects)
C - Closure
E - Evaluate (what you have been told and your performance)
What does PLAT stand for?
P - People
L - Location
A - Actions
T - Time
Who is eligible for special measures for victims/ witnesses in accordance with s.16 of Youth Justice and Criminal Evidence Act 1999?
- Children (under 18 at the time of the first ground rules hearing)
- Learning disabilities
- Mental health issues
- Physical disability
If a victim/ witness falls into a special measures category, what should you consider?
Consider whether taking a written statement would achieve their best evidence - could consider video interview/ statement for example
What are the two special warnings?
S.36 Criminal Justice and Public Order Act 1994 - found with something he shouldn’t have
S.37 Criminal Justice and Public Order Act 1994 - found at a place he shouldn’t have been at or about the time of an alleged offence
What is a special warning?
- higher level warning than the caution
- takes away right to silence as judiciary has said that there are certain situations where they would expect a person who is innocent to explain the circumstances of the special warning material
S.37 Criminal Justice and Public Order Act (Special Warning)
- arrested by a constable
- found by the same constable that arrested them
- at any place at or about the time of an offence
- their presence is suspected to be attributable to their participation in the offence
S.36 Criminal Justice and Public Order Act (Special Warning)
- arrested by a constable
- must have found something on their person, in or on their clothing or footwear, or otherwise in their possession something relating to the offence
- can be mark, object or substance
- belief that the presence of the mark, object or substance is attributable to the person’s participation in the offence
- can’t give special warning for finger prints/ DNA in this force
How should a special warning be presented? (OFFID)
O - Offence
F - Fact asking about
F - Fact that this could link them to the offence
I - Inference
D - Digital recording
When can bad character evidence be introduced in an interview? (D&G)
D - done it before - they have a tendancy to commit like offences
G - got it in for me - suspect starts attacking someone else’s character verbally during the interview
What is a significant statement?
A significant statement is something that is said by the suspect before or after they are cautioned that will be brought up in an interview. This is usually recorded in a pocket notebook and the suspect is offered to sign it