Week 5. Code C. E. F. Interviews Flashcards
Interviews
S34 criminal justice and public order act 1994
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
S36 and s37 criminal justice and public order act 1994
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)
Special warnings
Only apply to suspects who have been arrested. Do not apply to any interviews with suspects who have not been arrested
.
S37 special warning…
The officer who sees the person at or near the scene must be the arresting officer
.
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…
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
Signifcant statement..
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.
Interviews…
Short refreshment breaks shall be provided at approx 2hr intervals
Short breaks after 2hours - 15mins
Meal breaks 45mins
Complaint made in interview…
Process?
Record the matter in interview and then
Inform the custody officer
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
Should normally be at night or other appropriate time which takes account of when the detainee last slept or rested.
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)
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
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
.
An interview should be concluded when there is…
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
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 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
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
This is only where an officer believes they themselves will be put in danger.
(I.e Not their family)
If a suspect leaves the interview room during a break (i.e to go to toilet) then what happens to the recording?
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).
