Suspect Flashcards

1
Q

Code F PACE

A

Code of visual recording with sound of interviews with suspects

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2
Q

Section 78 PACE

A

Exclusion of evidence on the ground of unfairness

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3
Q

Section 76 PACE

A

confession due to Oppression cannot be used as evidence

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4
Q

Define oppression

A

includes torture, inhumane or degrading treating, use of threat or violence

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5
Q

Unreliable interviews include these circumstances

A

Not given proper rest
Not cautioned at the start of the interview
Failed to make a proper record of interview

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6
Q

Appropriate adults when do you need one and who with?

A

vulnerable adults or children can be parent or guardian, or appropriate person if not available. Can not be a police staff member.

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7
Q

What is Primary evidence?

A

Fingerprints

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8
Q

What is secondary evidence?

A

DNA

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9
Q

What is Engage and explain, and how long will this roughly take?

A

The legalities before the interview and should take 6-9 minutes.

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10
Q

What is a Significant statement?

A

Before, during at the time of caution

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11
Q

What is an Unsolicited statement?

A

Similar to significant but after the significant statement time period, comes down to common sense.

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12
Q

What is a significant silence?

A

A significant silence is a failure to a refusal to answer a question or to answer it satisfactory when under caution

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13
Q

What five things do you have to do when an interview has been paused halfway and you come back into the room?

A

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

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14
Q

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?

A

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.

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15
Q

What is a prepared statement?

A

A document prepared during consultation between suspect and their legal adviser

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16
Q

What can’t you do when handed a prepared statement?

A

Do not ask the suspect questions about the compilation

Do not ask who wrote it

17
Q

What should you ask when given a Prepared statement?

A

Is the statement to be read out
Ask if being read accurately
Ask if statement is to be retained or copy taken

18
Q

What should you consider after reading a prepared statement?

A

stopping the interview stating why “We have not had sight of the prepared statement. We will now consider it, re-formulate our interview plan, and then re-convene the interview

19
Q

6 points for Considered Prepared Statements

A
  • Endorse the statement as having been served
  • Sign and date it (person receiving it)
  • Give interviewee or legal rep opportunity to sign a statement
  • Statement then becomes an exhibit of interviewing officer
  • Retain original and give copy back to the interviewee or legal rep
  • Get the interviewee or legal rep to read a statement during the interview- (if they do not then you can as a last resort.)
  • Treat it as a “significant statement”
  • Read it and make inquiries as necessary.
20
Q

what stage does a prepared statement need to be done?

A

At the significant statement stage

21
Q

Pre interview briefing

A

I believe I have given you, sufficient information for you to advise your client accordingly. I wish to receive a full untainted account from your client during the interview.

22
Q

What has to be disclosed?

A
  • Custody record of all of it.

- First descriptions of the suspect (find on storm)

23
Q

What is a special warning and when do you use it?

A

A warning for being found in a place, Objects, Marks, or substances.
You give this special warning only if they do not give a satisfactory account for one of these things. You bring it up at the challenge stage of the interview.

24
Q

What is the DEAL Model for and what does it stand for?

A
To stop inappropriate and disruptive behavior in the interview.
Description 
Explanation
Action Required 
Likely consequence
25
Q

What is Bad Character?

A

an example of bad character is previous offences, would be brought up at the end. For benefit of the court.