Police Station: Interviewing - Procedure, Solicitor's Role, Confessions, Vulnerable Suspect Flashcards
what is the definition of an interview?
the questioning of a person regarding their involvement or suspected involvement in a criminal offence
(if the definition is met, there are safeguards under PACE that must be followed)
what are the PACE safeguards for a suspect during an interview? (6)
- caution must be administered
- contemporaneous record must be kept
- reminded of right to legal advice
- interview must be at police station (with exceptions)
- significant statements must be put to the suspect
- suspect must be fit for interview
–> breach of this allows D to apply to court to exclude evidence obtained as a result of PACE breaches under s76 or s78
interview must be under CAUTION - what does this mean?
An interview must be carried out under caution =
- before D is asked about their suspected involvement in the offence
AND
- when an interview recommences after a break
Caution words: ‘You do not have to say anything. But it may harm your 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.
what is the location of interview?
at police station or other authorised place of detention
UNLESS where delay is likely to:
- interfere with evidence/persons
- lead to serious loss or damage of property
- lead to alerting other suspects not arrested yet
- hinder recovery of property obtained in consequence of an offence
–> but must be under caution regardless where interview is held
should interviews be recorded?
- All interviews must be contemporaneously and accurately recorded
- Interviews under caution for any indictable offence must be audio recorded, but -
- Exception: The interview can be recorded in writing where it relates to minor offences, the person is not arrested, or it takes place other than at a police station.
what is the requirement of fitness for interview?
NO ONE should be interviewed if they are unable to:
- appreciate the significance of the questions and their answers or
- understand the significance of what is happening because of drink, drugs, or any illness
BUT SUPERINTENDENT can authorise interview in these cases (eg drunk)
who conducts the interview?
Interviewing officer - any rank
what must be disclosed to the solicitor at the interview stage? (3)
- before the interview = solicitor must be given sufficient information to understand the nature of the offence and why client is suspected of committing it (nothing more than this)
- ‘significant statements’ must be disclosed to solicitor at the start of the interview after caution
- solicitor can see custody record ASAP when arriving at police station
NOTHING MORE THAN THIS needs to be said to solicitor
what is the consequence if disclosure was not made to a solicitor before an interview?
if client gives a no comment interview, the court can decide not to draw adverse inferences
what are significant statements and what must be done regarding them?
- ‘significant statements’ = statements that appear to be capable of being used in evidence and any direct admission of guilt
- must be put to the suspect at the start of the interview after caution
- must be shown to the solicitor
what does solicitor do before interview? (4)
- Obtain pre-interview disclosure = sufficient information to understand the nature of the offence
- consult privately with client to discuss the case and advise client on options for interview and their consequences
- assess client fitness for interview
what is solicitor’s role during interview?
solicitor has duty to intervene to protect suspect’s rights and advance their case - when =
- evidence not disclosed before interview is referred to
- clarification on any matter is required at any time
- there is inappropriate questioning techniques
- there is inappropriate behaviour;
- further advice to the client is needed;
- a break is required
- the circumstances require intervention
inappropriate questioning =
- misrepresenting info
- hypothetical questions
- repetitive questions
- disruptive listening
- loaded questions
what is involved when solicitors conduct an active defence?
- not take a passive role
- obtain as much info from police as possible
- advise on issues arising during interview
- attending, advising, and intervening during interview
- take notes and maintain a comprehensive contemporaneous record which can be used later in evidence
are confessions during interviews admissible?
confessions are admissible but can be excluded under PACE s76 and/or s78
s76 PACE = excluded if confession was caused by oppression or unreliability -
- oppression = torture, inhuman, or degrading treatment, or the use or threat of violence –> oppression must have caused the confession
- unreliability = confession obtained as a result of something said or done that renders confession unreliable –> thing said or done must have caused confession to be unreliable
(eg, saying we will grant you less bail if you confess NOT if D thinks on his own that he will be released earlier if he confess as nothing was said or done)
s78 PACE = court has discretion to exclude any evidence that would have an adverse effect on the fairness of proceedings
what must be done when interviewing vulnerable suspects?
Cannot be interviewed without an appropriate adult (or asked to provide a signed statement)
DELAY = superintendent can authorise interview of vulnerable suspect without appropriate adult if:
1) it would not significantly harm the person’s mental state, and
2) delay will lead to:
- interference with or harm to evidence or other people
- serious loss or damage to property
- alerting suspects
- hindering recovery of property obtained as a result of offence
BUT: when the required info is obtained, interview cannot be continued without appropriate adult
