Police interviews

Question 1

What 5 things are needed for a properly conducted interview?

Answer 1

1. caution
2. significant statements put to suspect
3. authorised venue (police station)
4. recorded (on audio if indictable)
5. lawyer (if exercised)

Question 2

Who can conduct a police interview?

Answer 2

Officer of any rank

Question 3

What are the consequences of remaining silent in an interview?

Answer 3

adverse inferences may be drawn if the matter goes to trial

Question 4

What are the options for your client when being interviewed?

Answer 4

1. remain silent
2. answer
3. written statement + remain silent

Question 5

What 4 things should you consider when advising client on whether they should remain silent?

Answer 5

Consider:

1. amount of disclosure given to solicitor
2. admissibility and strength of evidence
3. client’s instructions (e.g. alibi)
4. state of client