Preliminaries to Prosecution

Question 1

The Codes of Practice issued under PACE 1984 and their importance to criminal investigations

Answer 1

PACE 1984/Pace Codes of Practice governs: police powers of investigation (arrest, detention, interrogation, entry and search of premises, personal search, the taking of samples, various procedures for identification)

Question 2

If a police officer (or any other person who is required to have provisions of the codes) fails to have regard to the provisions of the code, what happens?

Are the codes admissible in evidence in criminal/civil proceedings?

Answer 2

It doesn’t exactly render that officer/person liable to criminal/civil proceedings.

Yes, the codes are still admissible in evidence in criminal/civil proceedings.

Question 3

What is the definition of interview?

Answer 3

Interview: the ‘questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which, under para. 10.1*, must be carried out under caution’.

*Para 10.1: ‘must be cautioned before any questions about an offence, or further questions if the answers provide the grounds for suspicion, are put to them if either the suspect’s answers or their silence (i.e. failure/refusal to answer/answer satisfactorily), may be given one evidence to a court in prosecution’.

Cautions not necessary if questions are for:

1. solely to establish/identify ownership of a vehicle
2. to get info according to a statutory requirement (like drunk-driving procedure not being an interview)
3. the proper and effective conduct of a search (need caution if asking whether drugs found was intended to be supplied to another)
4. to seek verification of a written record of comments made by the person outside an interview.

No caution = not interview

Question 4

Where can an interview be conducted?

Answer 4

After arresting a suspect - he must usually be interviewed only at a police station/other authorised place of detention.

Decision to arrest - if an officer decides to arrest a person, the arrest shouldn’t be delayed in order to question the suspect before doing so.

Whether an interview needs to be conducted at a police station, depends on the exception on whether a delay is likely to:
1. lead to interference with/harm to evidence connected with an offence,