Suspect Interviewing

Question 1

Define Suspect

Answer 1

-A person thought to be guilty of a crime or offence (Dictionary)
-A person whom there are grounds to suspect of an offence (PACE)

Question 2

Define Interview

Answer 2

The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which must be carried out under caution.

Question 3

Principle 1 of Investigative Interviewing

Answer 3

The aim of investigative is to obtain accurate and reliable accounts from victims, witnesses or suspects about matters under police investigation.

Question 4

Principle 2 of Investigative Interviewing

Answer 4

Investigators must act fairly when questioning victims, witnesses or suspects.

Question 5

Principle 3 of Investigative Interviewing

Answer 5

Investigative interviewing should be approached with an investigative mindset.

Question 6

Principle 4 of Investigative Interviewing

Answer 6

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.

Question 7

Principle 5 of Investigative Interviewing

Answer 7

Investigators should recognise the positive impact of an early admission in the context of the criminal justice system.

Question 8

Principle 6 of Investigative Interviewing

Answer 8

Investigators are not bound to accept the first answer given. Questioning is not unfair merely because it is persistent.

Question 9

Principle 7 of Investigative Interviewing

Answer 9

Even when a suspect exercises a right to silence, investigators have a responsibility to put questions to them.

Question 10

S.78 PACE 1984

Answer 10

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.

Question 11

Define Confession - S.82(1) PACE

Answer 11

“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”

Question 12

S.76 PACE

Answer 12

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.

Question 13

V.A.I

Answer 13

Voluntary Attendance Interview

Question 14

Interview Under Arrest

Answer 14

In police custody area, which is video recorded.

Question 15

Account

Answer 15

-What is your opening question?
-The first question should be about the suspect’s involvement in the offence.
-Ask about significant comment

Question 16

Special Warning - S.34, S.37, S.38 CJ&POA1994

OVERVIEW

Answer 16

-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

Question 17

What is said during special warning

Answer 17

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.

Question 18

S.36 Special Warning

Answer 18

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.

Question 19

S.37 Special Warning

Answer 19

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)

Question 20

Closing Interview

Answer 20

State the time, summaries everything and give the opportunity to add or clarify anything.

Question 21

HOSPITAL WA

Answer 21

History
Offence
Speech
Possession
Identification
Times
Actions
Location

Wounds
Anything Else