Suspect Interviewing Flashcards
Define Suspect
-A person thought to be guilty of a crime or offence (Dictionary)
-A person whom there are grounds to suspect of an offence (PACE)
Define Interview
The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which must be carried out under caution.
Principle 1 of Investigative Interviewing
The aim of investigative is to obtain accurate and reliable accounts from victims, witnesses or suspects about matters under police investigation.
Principle 2 of Investigative Interviewing
Investigators must act fairly when questioning victims, witnesses or suspects.
Principle 3 of Investigative Interviewing
Investigative interviewing should be approached with an investigative mindset.
Principle 4 of Investigative Interviewing
Investigators are free to ask a wide range of questions in an interview in order to obtain material which may assist an investigation and provide sufficient evidence or information.
Principle 5 of Investigative Interviewing
Investigators should recognise the positive impact of an early admission in the context of the criminal justice system.
Principle 6 of Investigative Interviewing
Investigators are not bound to accept the first answer given. Questioning is not unfair merely because it is persistent.
Principle 7 of Investigative Interviewing
Even when a suspect exercises a right to silence, investigators have a responsibility to put questions to them.
S.78 PACE 1984
Gives the judge the power to exclude evidence if:
-It was obtained in a way that would make it UNFAIR to allow it to be used as evidence.
-(For suspects) Failure to complete the legal requirements at the start of the interview.
-Failure to provide for vulnerable suspects or an interpreter.
-Lying to suspect about evidence
-Defence only has to convince Judge on probabilities of unfairness.
Define Confession - S.82(1) PACE
“Any statement WHOLLY or PARTLY ADVERSE to the person who made it, whether made to a person in authority or not and whether made in words or otherwise”
S.76 PACE
Gives Judge power to exclude confession if:
-obtain under oppression
-unreasonable burden
-unreasonable circumstances
-Defence only needs to convince the judge on balance of probabilities.
V.A.I
Voluntary Attendance Interview
Interview Under Arrest
In police custody area, which is video recorded.
Account
-What is your opening question?
-The first question should be about the suspect’s involvement in the offence.
-Ask about significant comment
Special Warning - S.34, S.37, S.38 CJ&POA1994
OVERVIEW
-If suspect fails to account for certain things during interview - normally due to a ‘no comment’ interview
-Done during challenge (at the end) phase of the interview
-Can be given only to an arrested person during an interview
-Can only be used when a suspect fails/refusal to answer question satisfactorily
What is said during special warning
Informs suspect that a court may believe a specific fact due to the suspect involvement in the offence if the suspect does not explain or account for it.
S.36 Special Warning
Allows inference to be drawn when a suspect fails to account for objects, substances or marks that are FOUND ON THEIR PERSON, IN/OR THEIR CLOTHING/FOOTWEAR, IN THEIR POSSESSION OR IN ANY PLACE at the time of their arrest that relates to the offence they where arrested for.
S.37 Special Warning
Allows inference to be drawn when a suspect fails to account for their being found in a place by a constable at/about the time an offence was committed. (and investigating officer believes suspect presence may be the result of their participation in that offence)
Closing Interview
State the time, summaries everything and give the opportunity to add or clarify anything.
HOSPITAL WA
History
Offence
Speech
Possession
Identification
Times
Actions
Location
Wounds
Anything Else
