Suspect Flashcards
Code F PACE
Code of visual recording with sound of interviews with suspects
Section 78 PACE
Exclusion of evidence on the ground of unfairness
Section 76 PACE
confession due to Oppression cannot be used as evidence
Define oppression
includes torture, inhumane or degrading treating, use of threat or violence
Unreliable interviews include these circumstances
Not given proper rest
Not cautioned at the start of the interview
Failed to make a proper record of interview
Appropriate adults when do you need one and who with?
vulnerable adults or children can be parent or guardian, or appropriate person if not available. Can not be a police staff member.
What is Primary evidence?
Fingerprints
What is secondary evidence?
DNA
What is Engage and explain, and how long will this roughly take?
The legalities before the interview and should take 6-9 minutes.
What is a Significant statement?
Before, during at the time of caution
What is an Unsolicited statement?
Similar to significant but after the significant statement time period, comes down to common sense.
What is a significant silence?
A significant silence is a failure to a refusal to answer a question or to answer it satisfactory when under caution
What five things do you have to do when an interview has been paused halfway and you come back into the room?
1) put the recording on , time and date
2) Introductions again (may have legal rep after but not start)
3) remind under caution, “ do you still want me to explain it in three parts or are you okay to carry on?
4) Can you just confirm I have not asked you any questions in the break, please?
5) FILA, Free and Independent Legal Advice
If you ask the question “can you confirm I have not asked you any questions in the break” and they deny this what do you do?
That is not true, there is CCTV in the whole of the custody suite. There is also an audio recording. Checked your health.
If you want to make a complaint and speak to the custody sergeant.
What is a prepared statement?
A document prepared during consultation between suspect and their legal adviser