WITNESS/SUSPECT INTERVIEW

Question 1

What could affect the reliability of a suspect interview?

Answer 1

When suspect is tired and clearly unwell but isn’t offered an interview break

Question 2

During an interview of a suspicious male nearby a serious crime scene you should?

Answer 2

Make a notebook of his details and his demeanour OR
Consider conducting a preliminary interview

Question 3

If a suspect’s right to ‘consult and instruct a lawyer without delay and in private’ cannot be facilitated immediately by Police you should?

Answer 3

Advise the suspect of that fact and reason for delay

Question 4

Which of the following behaviours by a lawyer at interview would be unacceptable

Answer 4

Challenging the interviewer on the validity of the allegations made

Question 5

You arrest an adult male and want to interview him further. What should you consider?

Answer 5

You can interview him while being mindful of the need to proceed to court ASAP

Question 6

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?

Answer 6

Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview.

Question 7

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?

Answer 7

Interview her again on video, caution again and question her about the new allegations

Question 8

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??

Answer 8

They know how the statement may be used and the consequence of giving false or misleading information

Question 9

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?

Answer 9

Record his refusal to sign the interview record and close the interview

Question 10

What is cross examination ?

Answer 10

Using questions aimed at establishing further facts from answers given

Question 11

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?

Answer 11

No, you should proceed to fairly explain the allegations making a notebook record of events before closing

Question 12

When planning an interview with a special consideration of (vulnerable) witness. The investigator should?

Answer 12

Conduct a supervisor to make decisions about the interview

Question 13

Representation refers to the behaviour of the interview who?

Answer 13

Promises a favour in return for a request action

Question 14

The ‘truth may be elusive, so you may need to be persistent’. Persistent refers to the interviewers behaviour and means

Answer 14

Asking questions in a manner that will stand up to the scrutiny of the court

Question 15

A witness with intellectual, psychological or psychiatric impairment?

Answer 15

Is a witness entitled to special consideration from police and others

Question 16

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?

Answer 16

No because the offender was in custody and questions must not amount to cross-examination

Question 17

When there are multiple witnesses to a serious incident/offence the investigator should?

Answer 17

Separate the witnesses, conduct a brief initial interview with each and gather witnesses details

Question 18

When explaining the caution to an adult who suffers from an intellectual disability you should give them their Bill of Rights and?

Answer 18

Ask them to tell you in their own words what the caution means to them

Question 19

A witness free recall (FR) interview

Answer 19

Should be challenged following their first FR account

Question 20

What is an example of an interview record that has been improperly obtained?

Answer 20

When the suspect repeatedly asks for a lawyer but the interview continues in without one

Question 21

According to the Criminal Justice Practice Note Guideline 4, when questioning a suspect about a witness statement you should?

Answer 21

Explain the substance or nature of the witness statement to them

Question 22

When a DVD of an adult witness is to be used as evidence-in-chief then the O/C case must ensure?

Answer 22

The witness has viewed the video and given their signed consent for it be used

Question 23

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?

Answer 23

Tell the suspect the lawyer is in the station to see him and act on the suspect’s wishes

Question 24

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?

Answer 24

Re-administer the caution but continue to interview him about the original offence

Question 25

On being shown to the stations interview room to consult with her client, a Lawyer complains that a video machine is on and can be monitored from an adjacent room. She refers to the client’s rights to consult in private and requests the video machine be turned off. What response should you have?

Answer 25

The machine is to be turned off immediately as requested

Question 26

What is an example of evidence improperly obtained during an interview with a new immigrant?

Answer 26

The interviewer does not ensure the suspect really understands his rights

Question 27

Immediately before you ask a suspect to give their account of events in question you should?

Answer 27

Explain the events leading to the suspect agreeing to be interviewed

Question 28

When should an investigator visually record a witness interview?

Answer 28

Whenever an interviewing suite and required resources are available

Question 29

When a witness has provided a description that matches the suspect, the best way to present this as a challenge during an interview is to say:

Answer 29

“A witness has provided details of an offender that fits your description”

Question 30

You and a colleague are separately interviewing two suspects at the station. Your suspect is uncooperative so you leave the room, returning five minutes later and tell him that his friend has admitted taking part in the burglary. He shrugs, readily admits his involvement and later pleads guilty. Would the above admission be admissible in Court?

Answer 30

No because the admission was obtained by misrepresenting the truth to your suspect

Question 31

A special consideration witness may be described as vulnerable. What does vulnerable mean?

Answer 31

Suspectible, defenceless, in a weak position

Question 32

A special consideration witness is one who:

Answer 32

Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate well

Question 33

What lawyers behaviour at suspect interview would be deemed unacceptable?

Answer 33

Answering the interviewers questions on behalf of their client