Week 5. Code C. E. F. Interviews Flashcards

1
Q

Interviews

S34 criminal justice and public order act 1994

A

Provides that an inference can be drawn if when questioned by police under caution, charged or informed he may be prosecuted, the accused fails to mention a fact on which he later relies on his defence.. and which he could have reasonably been expected to mention at the time

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2
Q

S36 and s37 criminal justice and public order act 1994

A

Special warnings

S36 - failure to account for objects, marks and substances.

When a person is arrested by a constable and there is;

  • On his person..
  • In / on his clothing or footwear..
  • Otherwise in his possession..
  • In any place at which he is at the time of his arrest…..

Any object, mark or substance. OR any mark on any such object
AND
A constable reasonable believes that the presence of the object, mark or substance may be attributable to the participation of the person in the commission of the offence.

If a constable then informs the person as to their belief and asks them to account for the presence of the object mark or substance and the person fails to do so… a court may draw an inference from the failure to account

S37; failure to account for presence

When a person arrested by a constable was found by him at a place, or about the time, the offence is alledged to have been committed and..
The constable reasonably believes the presence of the person at the place /at that time may have been attributable to his participation in the commission of the offence .

Note: s37 only concerned with suspects location at time of arrest and only applies when suspect was found at the location or about the time of offence (so doesnt apply when suspect has been seen near scene of crime but arrested elsewhere)

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3
Q

Special warnings

Only apply to suspects who have been arrested. Do not apply to any interviews with suspects who have not been arrested

A

.

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4
Q

S37 special warning…

The officer who sees the person at or near the scene must be the arresting officer

A

.

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5
Q

Following an arrest, a person must not be interviewed except at a police station or authorised place of detention UNLESS the delay would be likely to lead to…

A

Interference wth, or harm to, any evidence
Interference with, or physical harm to, other people
Serious loss of , or damage to, property

Lead to alerting other people suspected of committing an offence but not yet arrested

Hinder the recorvery of property obtained in commission of the offence

Interviewing in these circumstances shall cease once the relevant risk has been averted or necessary questions asked to attempt to avert the risk

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6
Q

Signifcant statement..

A

One which appears capable of being used in ecidence against the suspect. In particular a direct admission of guilt

Can be made at anytime! (Doesnt have to be after arrest)

Must be made in the presence and hearing of a police officer or civilian interviewer.

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7
Q

Interviews…

Short refreshment breaks shall be provided at approx 2hr intervals

A

Short breaks after 2hours - 15mins

Meal breaks 45mins

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8
Q

Complaint made in interview…

Process?

A

Record the matter in interview and then

Inform the custody officer

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9
Q

A detainee must be allowed a continuous period if at least 8hrs rest in any 24hr period.

Free from questioning, travel or any interruption in connection with the investigation

A

Should normally be at night or other appropriate time which takes account of when the detainee last slept or rested.

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10
Q

As per annex to code E it is not necessary to audio record interviews where the suspect has been detained on suspicion of one of the following 4 offences….

(I.e the interview can be held elsewhere.. i.e contemporaneously and not audio recorded)

A

Possession of cannabis (excl. Cannabis oil)
Possession of khat
Retail theft (under £100, goods fit for resale, and not stolen by employee )
Criminal damage (under £300 and not damaged by employee)

Suspect must be;

  • over 18
  • No AA required
  • Appreciates significance of the questions and their answers
  • Does not appear unable to understand what is happening due to effect of drink / drugs/ illness
  • Does not need an interpreter
  • No substantial financial or material loss to the private property of any individual
  • Offence did not result in any injury or realistic threat of injury to any person
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11
Q

If the suspect appears to have a hearing impediment, the interviewer shall make a written note of the interview at the same time as audio recording

A

.

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12
Q

An interview should be concluded when there is…

A

A realistic prospect of conviction.

Note: Once there is enough evidence to prosecute, it may still be necessary to cover other points in the interview that may be relevant to the defence

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13
Q

A police officer has no authority to break the seal on a master recording which is required for criminal trial.

If it is necesaary to gain access to the master recording, a police officer shall arrange for its seal to be broken in the presence of who?

A

A representative of the CPS

The defendant or their legal adviser should be informed and be given reasonably opportunity to be present. If they cannot be present (cannot be contacted/refuse to attend) then arrangements for an independent person, such as a custody visitor, to be present should be made. Or film/photos should be taken of the procedure

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14
Q

If an officer reaosnably believes that disclosing their name in interview may put themselves in danger then they may use their warrant number AND station

A

This is only where an officer believes they themselves will be put in danger.

(I.e Not their family)

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15
Q

If a suspect leaves the interview room during a break (i.e to go to toilet) then what happens to the recording?

A

Recording media stopped/ removed from recorder and the procedures for conclusion of interview followed…. on their return new media inserted, explain that returning from break and continuing intvw.. remind under caution (repeat caution if need be).

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16
Q

If a suspect stays in the interview room during a break, what happens to the recording?

A

No need to remove the recording… the same relcridng media can be used when the interview recommences (i.e pause the tape)

17
Q

S54 PACE

Allows a detainee at a police station to be searched or examined or both to establish;

Whether they have any marks features or injuries that would identify them as a person involved in commission of an offence…
And to photograph any identifying marks.

Who can search/examine/photograph them?

A

A police officer of the same sex

18
Q

Code C, para 11.2

Immediately prior to commmencement or recommencement of interview the interviewer should remind the suspect of their entitlement to free legal advice
AND
That the interview can be delayed for legal advice to be obtained

A

The code does not mention that it is not required when a legal rep is present…. therefore the above always applies whether a legal rep is there or not!

19
Q

In relation to further interviews prior to charge.. when must the interviews cease

A

When the officer in charge of an investigation reasonably believes there is sufficient evidence to provide a realistic prospect of conviction…

The OIC will then seek a decision on whether the person should be charged..

Other factors to consider are;

  • All relevant questions have been asked
  • The detainee has been given the opportunity to provide an innocent explanation
  • The detainees explanation has been explored to test its accuracy and reliability
  • Account has been taken of other available evidence
20
Q

If detainee (or 3rd party..i.e solcitor) refuses to sign master tape seal at end of interview….

A

Am inspector must be called to interview room and asked to sign it (if inspector not avail then custody officer)

21
Q

A detainees rest period (8 hrs) can be interrupted at their request… in such instances a fresh rest period is not require (i.e 8 hrs does.not start again.. the rest period continues from where it was at)

A

.

22
Q

Whilst there is no obligation for an interviewing officer to disclose anything to a solicitor… the soicitor must be in a position to advise their client..

A

Therefore if no details disclosed to solicitor by the officer , any silence in interview is NOT likely to attract an adverse inference

23
Q

Code C para 11.1a defines an interview as what?

A

Questions to obtaining evidence about his/her involvement or suspected involvement in an offence

24
Q

Significant silence…

Definition

A

A significant silence is a failure or refusal to answer a question or answer satisfactorily WHEN UNDER CAUTION

(This is in contrast to sigificant statements which can be made outside of being cautioned)

25
Q

Breaks in interview to allow for a Meal break for the detainee shoud last how long?

A

At least 45mins