Investigative Interviewing Flashcards
What is Section 22 of the BORA 1990?
Liberty of the Person
Everyone has the right not to be arbitrarily arrested or detained
What is Section 23 of the BORA 1990?
Rights of person arrested or detained
See page 3
What is section 24 of the BORA 1990?
Rights of person charged
See page 3
Guideline 1 of the practice note
A member of the police investigating an offence may ask questions of any person from who it is thought useful information may be obtained, whether or not that person is a suspect, but may not suggest it is compulsory for them to answer
Guideline 2 of the practice note
Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever a member of police seeks to question a person in custody, the person must be given the caution / rights before being invited to make a statement or answer questions.
When is a person in custody?
When they have been arrested or detained
If a person has been arrested arbitrarily, are they in custody?
Yes / no
Yes
What is arbitrary detention?
Not lawful, without lawful authority, based on random choice
If the suspect is not under arrest and not detained, but he does not believe he is free to leave (based on police conduct)
Is this arbitrary detention?
Yes / No
Yes
Do you have to tell the suspect what they are being interviewed about?
Yes
Can you withhold from the suspect (during an interview) the charge they may face?
No
What are the consequences of not recording what a suspect said (after BOR)
if you want to then use this admission as evidence?
The evidence may be held inadmissible or be given very little evidential weight
does idle chat with a suspect need to be recorded?
No
However - best to record the fact that other topics were discussed with the suspect
Guideline 3
Questions of a person in custody or in respect of whom there is sufficient evidence to file a charge must not amount to cross examination
What is the consequence of excessive or oppressive cross examining in an interview?
Exclusion of the interview in court