1.9 Interviews

Question 1

According to PACE Code C 10.1, what are the two conditions that necessitate a caution before questioning a suspect?

Answer 1

There are grounds to suspect an offence and the answers or silence may be given in evidence.

Question 2

What is the primary objective of a caution exception when questioning solely to establish ownership of a vehicle?

Answer 2

To obtain information for other necessary purposes rather than interviewing about an offence.

Question 3

In the context of PACE Code C, what defines ‘grounds for suspicion’ for the purpose of administering a caution?

Answer 3

Reasonable, objective grounds based on known facts or information relevant to the likelihood of an offence.

Question 4

When initially cautioning a person who is not under arrest, what two specific pieces of information must be provided alongside the caution?

Answer 4

The person is not under arrest and they must agree to be interviewed.

Question 5

Under PACE Code C 10.5, what is the standard wording of the caution administered upon arrest?

Answer 5

‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence.’

Question 6

What should an interviewer do if it appears a suspect does not understand the caution given?

Answer 6

The interviewer should explain the caution in their own words.

Question 7

Following a break in questioning, what action must the interviewer take regarding the suspect’s legal status?

Answer 7

The suspect must be made aware they remain under caution.

Question 8

According to Section 34 of the Criminal Justice and Public Order Act 1994, why might a court draw an adverse inference from silence?

Answer 8

The accused failed to mention a fact during questioning that they later rely on in their defence.

Question 9

The object of Section 34 of the Criminal Justice and Public Order Act 1994 is to deter _____ and encourage early disclosure of genuine defences.

Answer 9

late fabrication

Question 10

Under Section 34(2A), why would a court be prohibited from drawing an adverse inference from a suspect’s silence at a police station?

Answer 10

The suspect was not allowed an opportunity to consult a solicitor prior to questioning.

Question 11

What is the legal restriction regarding the use of adverse inferences in securing a conviction?

Answer 11

An accused cannot be convicted solely on an inference drawn from silence.

Question 12

Section 36 of the Criminal Justice and Public Order Act 1994 allows inferences when a suspect fails to account for _____, substances, or marks on their person at arrest.

Answer 12

objects

Question 13

Under what specific condition does Section 37 of the Criminal Justice and Public Order Act 1994 apply regarding a suspect’s location?

Answer 13

The suspect was found at a place at or about the time the offence was committed.

Question 14

List the first two items an officer must tell a suspect in ordinary language to trigger a ‘special warning’ under Section 36 or 37.

Answer 14

The offence being investigated and the specific fact the suspect is being asked to account for.

Question 15

Why is a special warning prohibited for juveniles or vulnerable persons in the absence of an appropriate adult?

Answer 15

To protect individuals who may be prone to providing unreliable or self-incriminating information.

Question 16

In the context of PACE Code C 11.1A, what is the definition of an ‘interview’?

Answer 16

The questioning of a person regarding their involvement or suspected involvement in a criminal offence under caution.

Question 17

What information must be disclosed to a suspect or their solicitor prior to an interview to allow for the effective exercise of rights?

Answer 17

Sufficient information to understand the nature of the offence and why they are suspected of committing it.

Question 18

Under what condition may an arrested suspect be interviewed somewhere other than a police station?

Answer 18

When delay would lead to interference with evidence, harm to people, or serious loss of property.

Question 19

At the start of an interview, what must an interviewer put to the suspect regarding events occurring before the interview began?

Answer 19

Any significant statement or silence that occurred in the presence of a police officer.

Question 20

What constitutes a ‘significant statement’ in a police investigation?

Answer 20

A statement capable of being used in evidence, particularly a direct admission of guilt.

Question 21

According to PACE Code C 11.5, what is the restriction on using ‘oppression’ during an interview?

Answer 21

No interviewer may try to obtain answers or elicit a statement by the use of oppression.

Question 22

At what point must an interview cease regarding a person who has not yet been charged?

Answer 22

When there is sufficient evidence to provide a realistic prospect of conviction for the offence.

Question 23

What must be done if a suspect is unable to read the written record of their interview?

Answer 23

The senior interviewer present shall read it to them and ask if they wish to sign it.

Question 24

In what circumstances may a juvenile be interviewed at their place of education?

Answer 24

Only in exceptional circumstances and with the agreement of the principal or their nominee.

Question 25

What are the three primary purposes of an appropriate adult's presence during a police interview?

Answer 25

To advise the suspect, observe if the interview is fair, and facilitate communication.

Question 26

Who must an interviewer consult if they believe an appropriate adult's conduct is unreasonably obstructing the interview?

Answer 26

An officer of at least Superintendent rank, or an Inspector not connected to the investigation.

Question 27

Under PACE Code C 12.2, what is the minimum continuous rest period a detainee must be allowed in any 24-hour period?

Answer 27

At least 8 hours.

Question 28

Who is responsible for assessing whether a detainee is fit enough to be interviewed?

Answer 28

The custody officer, in consultation with the investigating officer and healthcare professionals.

Question 29

If a suspect refuses to leave their cell for an interview room, where may the interview take place at the discretion of the custody officer?

Answer 29

In the suspect's cell.

Question 30

What is the standard duration for a meal break during an interview period?

Answer 30

At least 45 minutes.

Question 31

According to PACE Code C, what defines a 'live link' in the context of remote interviewing?

Answer 31

An arrangement allowing the interviewer and detainee to see and hear each other simultaneously.

Question 32

Who is responsible for the final decision to use a live link for an interview if the suspect makes representations against it?

Answer 32

An officer of the rank of Inspector or above.

Question 33

What is the alternative caution used when a suspect has asked for legal advice but has not yet received it?

Answer 33

'You do not have to say anything, but anything you do say may be given in evidence.'

Question 34

If a suspect writing their own statement makes an ambiguous comment, what may a police officer do?

Answer 34

The officer may question the ambiguity or indicate which matters are material.

Question 35

When a police officer writes a statement for a suspect, what is the requirement regarding the suspect's exact phrasing?

Answer 35

The officer must take down the exact words spoken without editing or paraphrasing.

Question 36

Under the Equality Act 2010, police must have 'due regard' to eliminate _____ when carrying out interview procedures.

Answer 36

unlawful discrimination

Question 37

Which PACE Code specifically provides the framework for audio recording interviews with suspects?

Answer 37

Code E.

Question 38

What type of device uses physical media like magnetic tape or optical discs for recording interviews?

Answer 38

A removable recording media device.

Question 39

What is the function of a 'secure digital recording network device' regarding storage?

Answer 39

It stores recordings on non-removable storage and transfers them securely to a remote network server.

Question 40

When is an interviewer allowed to use a warrant number instead of their name on a recording?

Answer 40

When they reasonably believe disclosing their name might put them in danger.

Question 41

Under Code E 2.1, what type of offences MUST be audio recorded if an authorised device is available?

Answer 41

Any summary or indictable offence (including triable either way).

Question 42

Who is the 'relevant officer' for deciding if a voluntary interview at a police station for an indictable offence should be recorded in writing?

Answer 42

An officer of the rank of sergeant or above.

Question 43

What visual indicator is required in an interview room equipped for remote monitoring?

Answer 43

A light that automatically illuminates when remote monitoring is activated.

Question 44

In audio recording, what is the 'master recording'?

Answer 44

The recording sealed in the suspect's presence to ensure its integrity is preserved.

Question 45

What must an interviewer do with new recording media at the start of an interview using a removable media device?

Answer 45

Unwrap or open it in the suspect's sight.

Question 46

If a suspect being audio recorded has a hearing impediment, what additional requirement must the interviewer meet?

Answer 46

They must make a written note of the interview at the same time as the audio recording.

Question 47

If a suspect objects to an interview being audio recorded, what must be recorded before turning off the device?

Answer 47

The suspect's objections must be recorded on the audio recording.

Question 48

What must an interviewer do if a recording media only has a short time left to run?

Answer 48

Inform the suspect, round off that part of the interview, and insert new media in the suspect's presence.

Question 49

Who must be present when the seal of a master recording is broken for a criminal trial?

Answer 49

A representative of the Crown Prosecution Service.

Question 50

Under Code E 4.15, how are secure digital network interview files stored to ensure integrity?

Answer 50

They are stored in read-only form on non-removable storage devices.

Question 51

Name one of the four indictable offence types listed in the Code E Annex that allows for voluntary written interviews elsewhere than at a station.

Answer 51

Possession of cannabis, possession of khat, retail theft, or criminal damage.

Question 52

For the Annex to Code E to apply to retail theft, the value of the goods stolen must not exceed _____ inclusive of VAT.

Answer 52

£100

Question 53

What is the value limit for criminal damage for it to be considered under the Annex to Code E for voluntary interviews?

Answer 53

£300

Question 54

Does PACE require a statutory obligation for police to visually record all interviews with suspects?

Answer 54

No, there is no statutory requirement.

Question 55

According to Code F, when is a visual recording of an interview strongly recommended?

Answer 55

When the suspect is deaf or uses sign language to communicate.

Question 56

If an officer's identity is being protected during a visual recording, how might they be positioned relative to the camera?

Answer 56

They may have their backs to the visual recording device.

Question 57

If a visual recording device fails, can the interview continue?

Answer 57

Yes, provided it is conducted and recorded in accordance with audio recording provisions (Code E).

Question 58

What caution should be used by an English officer interviewing a suspect for a prosecution intended for a Scottish court?

Answer 58

'You are not obliged to say anything but anything you do say will be noted and may be used in evidence.'

Question 59

Under what condition can English officers invite a suspect to a voluntary interview for an offence committed in Scotland?

Answer 59

When they lack statutory powers to arrest without a warrant for the Scottish offence.

Question 60

What is a 'significant silence' according to PACE Code C 11.4A?

Answer 60

A failure or refusal to answer a question satisfactorily under caution which might give rise to an inference.

Question 61

How long must a rest period for refreshment be if an interview lasts longer than two hours?

Answer 61

Approximately 15 minutes.

Question 62

What must be done with the master recording label if the suspect refuses to sign it?

Answer 62

An officer of at least Inspector rank (or Custody Officer) must be called to sign it.

Question 63

What is the primary purpose of the 'working copy' of an interview recording?

Answer 63

To be used for playback and making further copies without unsealing the master recording.

Question 64

If an interview is interrupted for a short break and the suspect remains in the room, is the media removed?

Answer 64

No, the recording is stopped but the media remains in the device.

Question 65

Under Code G, what must be done if it is impracticable to caution a person at the time of arrest?

Answer 65

They must be cautioned as soon as it becomes practicable thereafter.

Question 66

What factor mentioned in R v Argent relates to the suspect's ability to recall events, specifically regarding physical state?

Answer 66

Tiredness or sobriety.

Question 67

Where a prepared statement is used but excludes facts later relied on in court, can an inference be drawn?

Answer 67

Yes, an inference can still be drawn under Section 34.

Question 68

Can a special warning be given 'on the beat' before a suspect arrives at a police station?

Answer 68

Yes, though it should be the exception rather than the norm.

Question 69

What document must be provided to a suspect alongside pre-interview disclosure?

Answer 69

The custody record.

Question 70

Who is responsible for the care and safe custody of a detainee once they are delivered for an interview by the custody officer?

Answer 70

The investigating officer.

Question 71

What must an interviewer record regarding any complaint made by a suspect about treatment during an interview?

Answer 71

The matter must be recorded in the interview record and the custody officer informed.

Question 72

In a voluntary interview elsewhere than at a police station for a non-Annex indictable offence, who is the 'relevant officer'?

Answer 72

An officer of the rank of sergeant or above.

Question 73

When a master recording seal is broken for further investigation purposes, is the suspect always notified?

Answer 73

No, not if the officer believes giving an opportunity to be present might prejudice the investigation.

Question 74

What is the requirement for the visual coverage of a Code F recorded interview?

Answer 74

It must ensure coverage of as much of the room as is practically possible.