WITNESS/SUSPECT INTERVIEW Flashcards
What could affect the reliability of a suspect interview?
When suspect is tired and clearly unwell but isn’t offered an interview break
During an interview of a suspicious male nearby a serious crime scene you should?
Make a notebook of his details and his demeanour OR
Consider conducting a preliminary interview
If a suspect’s right to ‘consult and instruct a lawyer without delay and in private’ cannot be facilitated immediately by Police you should?
Advise the suspect of that fact and reason for delay
Which of the following behaviours by a lawyer at interview would be unacceptable
Challenging the interviewer on the validity of the allegations made
You arrest an adult male and want to interview him further. What should you consider?
You can interview him while being mindful of the need to proceed to court ASAP
During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint. Should this complaint affect the interview process?
Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview.
After charging a shoplifter with theft and lodging her in the cells you receive information leading you to suspect her to further thefts. According to Chief Justice Practice Note Guideline 2 you should?
Interview her again on video, caution again and question her about the new allegations
When a witness signs the declaration on a witness statement the interviewer must enter the witness understands they are agreeing that - to the best of their knowledge and belief their statement is true and??
They know how the statement may be used and the consequence of giving false or misleading information
A suspect elects his right to silence at interview. You give the allegations and prepare a statement accordingly but he refuses to sign. What action should you take?
Record his refusal to sign the interview record and close the interview
What is cross examination ?
Using questions aimed at establishing further facts from answers given
As the interview proceeds the suspect suddenly claims his right to silence. You are yet to put challenges to him or mention witness statements. Should you stop the interview at that stage?
No, you should proceed to fairly explain the allegations making a notebook record of events before closing
When planning an interview with a special consideration of (vulnerable) witness. The investigator should?
Conduct a supervisor to make decisions about the interview
Representation refers to the behaviour of the interview who?
Promises a favour in return for a request action
The ‘truth may be elusive, so you may need to be persistent’. Persistent refers to the interviewers behaviour and means
Asking questions in a manner that will stand up to the scrutiny of the court
A witness with intellectual, psychological or psychiatric impairment?
Is a witness entitled to special consideration from police and others
You’re interviewing an offender for ‘receiving’. Whilst establishing the identity of the original thief the offender begins to tell conflicting accounts. You decide to change interview styles and begin very strongly putting questions to him demanding explanations. He eventually gives you the identity of the thief and other evidence against himself. Would the above evidence be admissible in court?
No because the offender was in custody and questions must not amount to cross-examination
When there are multiple witnesses to a serious incident/offence the investigator should?
Separate the witnesses, conduct a brief initial interview with each and gather witnesses details
When explaining the caution to an adult who suffers from an intellectual disability you should give them their Bill of Rights and?
Ask them to tell you in their own words what the caution means to them
A witness free recall (FR) interview
Should be challenged following their first FR account
What is an example of an interview record that has been improperly obtained?
When the suspect repeatedly asks for a lawyer but the interview continues in without one
According to the Criminal Justice Practice Note Guideline 4, when questioning a suspect about a witness statement you should?
Explain the substance or nature of the witness statement to them
When a DVD of an adult witness is to be used as evidence-in-chief then the O/C case must ensure?
The witness has viewed the video and given their signed consent for it be used
When conducting a suspect interview at the police station you are informed that a lawyer has arrived saying she is to act for the suspect and asked to see him. The suspect has given you no indication that he wishes to speak to a Lawyer. What action should you take?
Tell the suspect the lawyer is in the station to see him and act on the suspect’s wishes
When interviewing a male suspect under caution about a minor assault on his partner he makes admissions about an unrelated serious assault on another person. You should?
Re-administer the caution but continue to interview him about the original offence
