Unit 1 – Interviewing Suspect (PACE)

Question 1

What happens to the tape of the interview?

Answer 1

• If recording is on a tape/disc, the master tape/disc is sealed in the presence of the suspect at the end of the interview.
• Seal will only be broken and opened at trial if there is any dispute about what was said.
• The ‘working copy’ of the tape is used by the investigating officer to prepare a written summary/transcript of the interview if the suspect is subsequently charged with an offence.
• Some police forces have a third tape to give to the suspect.

Question 2

Which suspects should not be interviewed at all?

Answer 2

Suspects unable to appreciate significance of questions / answers

Drunk / under influence (excpet for where the interview needs to be held urgently).

Question 3

Can a suspect who requires legal advice be interviewed before they recieve it?

Answer 3

NO. Subject to exceptions.

Question 4

Exceptions to general position on interviewing before legal advice?

Answer 4

1) Police can delay suspect receiving legal advice for up to 36 hours & can interview them in this period .

2) Where waiting for the solicitors’ arrival would cause unreasonable delay to the process of investigation

3) If the solicitor the client requested cannot be contacted / declined to attend and the client then declines the opportunity to consult duty solicitor.

4) if the suspect asks for legal advice and changes their mind.

Question 5

What are the further conditions of exception 4)?

Answer 5

a) inspector or above enquires as to why they changed their mind

b) the reasons for changing their mind are recorded in custody record

c) suspect confimrs in writing they want the interview to proceed w/out solictor & signs on custody record

d) inspector or above satisfied for interview to proceed

Question 6

What caution is given to the suspect in exception 1) and 2)

Answer 6

“You do not have to say anything but anything you do say may be given in evidence”

Question 7

What is the caution given to suspects at the beginning of the interview?

Answer 7

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rly on in court. Anything you do say may be given in evidence”.

Question 8

When must the caution be given?

Answer 8

At start of each interview the police have with the suspect.

Question 9

What must be given along with the caution?

Answer 9

reminder they’re entitled to free, independent legal advice (even if suspect has a solicitor present at the interview).

Question 10

After the caution & legal reminder, what must be given?

Answer 10

‘ any significant statement or silence which occurred in the presence and hearing of a police officer… before the start of the interview’

 Interviewing officer must then ask the suspect whether they confirm or deny the earlier statement or silence and if they wish to add anything.

Question 11

What is the effect of not stating ‘any significant statement / silence …’ etc.

Answer 11

Contents of the statement may be ruled as inadmissible under S 78 PACE.

Question 12

Police are not allowed to use opression in trying to get answers at interview. What is oppresion?

Answer 12

 Raising their voice or shouts at a suspect
 Makes threatening gestures towards suspect
 Leans towards the suspect so they’re in their face
 Stands over or behind the suspect
 Threatens to detain the suspect indefinitely unless they make a confession.
Long instances of silence.

Question 13

If the interview takes place over more than 1 day in any period of 24 hours, the suspect must be given how long to rest?

Answer 13

8 hours.

Question 14

During the inteview, when should the suspect have refreshment breaks?

Answer 14

Every 2 hour intervals.

Question 15

What is effect of breaching interview conduct?

Answer 15

court may rule admissible.

Question 16

What is the solicitors’ opening statemet & when is it made?

Answer 16

Made at start of every interview:

I am [name], a solicitor/accredited or probationary representative with [firm name]. I am now required to explain my role. My role is to advance and protect my client’s rights.
I shall continue to advise my client throughout the interview and if necessary I shall ask that the interview be stopped in order to allow me to advise my client in private.
I shall intervene in the interview if:
* my client asks for, or needs, legal advice;
* your questioning or behaviour is inappropriate;
* information or evidence is referred to that has not been disclosed to me before this interview;
* clarification of any matter is required; or
* a break is required.
After receiving legal advice my client has decided: [either]
* to exercise his right to silence [if appropriate, give a reason for this advice] because [reason]. Please respect that decision. [My client is however prepared to hand to you a written statement about this matter.]
[or]
* to answer questions which you may raise which are relevant to my client’s arrest/voluntary attendance.

Question 17

When should a solicitor intervene during interview?

Answer 17

(h) The questioning techniques are inappropriate or improper
(i) The police are behaving in an inappropriate manner
(j) The client would benefit from further private legal advice.

Question 18

Can a solicitor be removed from the interview?

Answer 18

Yes – by a SUPERINTENDENT if their conduct is such that the interviewer is unable to properly put questions to the suspect.

Question 19

Where a client has admitted guilt and wishes to deny offence when interviwed, what must the solicitor do?

Answer 19

1) decline to act if client isists on giving false information in interview

2) Ongoing duty of confidentility = solicitor should not say why they cannot act (just say professionally embarrassed).

Question 20

Can a solicitor act for two suspects of the same case?

Answer 20

Only if they believe there to be no conflict of interest.

Question 21

Should a solicitor disclose to one client information they have been given by another client?

Answer 21

Where there is no conflict of interest and the solicitor is able to represent both suspects, they must still not disclose to one client anything they have been told by the other (in order to comply with their duty of confidentiality to the other client), unless:

(a) The solicitor has obtained the other client’s consent (preferably in writing) to disclose this information (ie the client waives their right to confidentiality)

(b) Both clients are putting forward consistent instructions; and

(c) The solicitor considers it in their clients’ best interests for the information to be disclosed.

Question 22

Does the solicitor have an ovverrding duty not to mislead the court?

Answer 22

YES.