Lecture 32 Conducting Investigations Peace Suspect Interviewing Flashcards
The definition of Interviewing?
‘The putting of questions to a person regarding their involvement in a criminal offence, including giving an innocent explanation and asking questions to test if the account is accurate and reliable’…
What are the four core skills?
- Planning and preparation
- Rapport building
- Effective listening
- Effective questioning
What are the Seven Principles of Investigative Interviewing?
Principle 1: Accurate Reliable Account
Principle 2: Must act fairly Principle 3: Apply Investigative Mind-set
Principle 4: Wide range of questions allowed
Principle 5: Early Admission Value
Principle 6: Not bound to accept first answer
Principle 7: Must question even when silent
What is the PEACE model?
P: Planning and Preparation E: Engage and Explain A: Account clarification and challenge C: Closure E: Evaluate
What do you need to plan and prepare before an interview?
- Purpose of interview
- Location, room
- Structure, roles
- Appropriate adults, solicitor, interpreter
- Admin, pens, paper, forms, discs, maps etc.
- Time required, PACE clock, Status code
- Scene visit, required or not
- Exhibits, handling introduction, security
- Interviewer suitable for the task
- Review and assess ALL available information
- Points to prove
- Special warning required, if so when/how
- Questions / police agenda
- ‘Suspect Interview Plan – have a look through this document together with the following scenario.
The main areas to consider?
Mens Rea: The Intent
Actus Rea: The Act
Modus Operandi: The Method
What is the First Big Open Parameter Question?
To gather the suspects account of what they were doing just before, during, and after the period of the crime. This is known as the material time frame.
Material Time Frame that covers the offence.
For Example: “Take your time and tell me what you were doing between 9am this morning and 11am, which is the time you were arrested.”
What are the Suspects Options?
Options a Suspect has to the Material Time Frame question:
• Full, detailed admission
• No Comment
• Statutory defence
e.g S2 (1) (b) A person’s appropriation of property belonging to another is not to be regarded as dishonest if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it;
• Prepared statement
How would you make a written interview plan?
- Topics to cover
- Points to prove
- Defences to offence
- Introduction of exhibits
- Evidence which suggests committed offence
- Plans to handle evidence not previously known
What is SOFTENS?
- Seating position
- Open posture
- Forward lean
- Touch dynamics
- Eye contact
- Nodding and guggling
- Silences
Explain commencing the Interview?
- Formal process…
- Must contain the requisites of PACE…
- It should not be rushed…
- It should not be done ad hoc…
- Noncompliance could render your interview useless…
What is Account, Challenge and Clarify?
Conversation Management Model.. •Turns to speak – don’t interrupt •5WH - TEDPIE – types of questions •A conversation with a purpose •Know your roles, if you are working as part of a team
What to do if you get a talking suspect?
Hopefully, if we utilise the conversation management model you will get a talking suspect!
If you select a good open parameter question around the material time frame – and the suspect talks to us, offering up a detailed account – we need to capture it in topic boxes.
We then open – probe – summarise – link each topic box and extract all available detail.
We now ask what questions we have left around our police agenda.
The final part of the model is use comparing what we have been told by any victims and witnesses against what our suspect has told us. This is known as a ‘fair review’ or challenge
What to do with a prepared statement?
• Offered by the suspect, prepared in consultation with their legal representative
• Forms the suspect agenda – their account
• Needs to be treated as such
Options:
▪ Officer reads it out – then probes it as the suspects agenda
▪ Officer stops the interview to study the statement, then restart the interview, reading the statement out – treating it as the suspects agenda
▪ Legal representative or suspect read it out themselves.
Expect no further comment
Why would our suspect give us no account, fail to answer our questions at all or answer ‘no comment’?
- Perhaps on the advice of their legal representative – as we have not given them enough information or disclosure to give other advice.
- Perhaps the suspect has disclosed to the solicitor in consultation that they committed in the offence and are not making any comment other than implicate themselves.
- Perhaps the suspect has not requested legal advice but says ’no comment’ in an effort to frustrate you.
