Police Interviews of Suspects- Detention

Question 1

How must interviews be recorded?

3

Answer 1

• Tape recorded
• Some video recorded
• Two copies are made, 1 master copy, 1 which can be used to be checked by the suspect and their lawyers

Question 2

What happens if there is no solicitor present?

Answer 2

• If the suspect does not ask for one, the police can interview without one being represent
• If the matter is urgent or the solicitor is delayed the police have the right to start questioning a suspect before the solicitor arrives

Question 3

What states the right for a suspect to be seated during an interview?

Answer 3

PACE Code C points out that they shall not be required to stand

Question 4

How must an interview begin and end?

Answer 4

The police must record what time and who is present at the interview, and what time it ends

Question 5

When is there a need for an appropriate adult?

Answer 5

• If suspect is under the age of 17

- If a suspect is mentally vulnerable

Question 6

What case reviews the right to an appropriate adult? What happened in this case?

Answer 6

R v Aspinall (1999)

• Defendant suffered fro schizophrenia
• Interviews were not admissible even though the suspect appeared to understand police questions

Question 7

Which Act and section stopped there being any adverse conclusion from being drawn from the right to silence?

Answer 7

-CJPOA ss.34-39 1994

Question 8

Under the new CJPOA ss.34-39, what does the wording of the caution given to a suspect from the interview now commences ?

Answer 8

‘You do not have to say anything. But it may harm yours defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Question 9

Is someones silence enough to prove guilt?

Answer 9

-No, there must be prosecution evidence as well

Question 10

Limitation of the new caution under CJPOA?

Answer 10

-Alters with the basic premise of criminal trials that the prosecution must prove the defendants guilt

Question 11

What does section 76 of PACE state?

Answer 11

-This is a law which states that the court shall not allow statements which have been obtained through oppression to be used as evidence

Question 12

What is defined as oppression?

Answer 12

• Torture
• Inhuman or degrading treatment
• use of violence

Question 13

What did the research of Sanders and Bridge suggest?

Answer 13

That a substantial of minority records (about 10%) are falsified