Interview overview

Question 1

What is an interview?

Answer 1

“the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences”

PACE COP 11

Question 2

What must interviews be carried under?

Answer 2

Caution: “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 may be given in evidence”

• person must be cautioned before asked any questions about their suspected involvement and questioned again at recommencement

Question 3

When does the interview occur?

Answer 3

when suspect is detained and if needed legal representative arrives unless delayed for certain circumstances

Question 4

What are the polcie ranking?

Answer 4

Use acroyum CSI Super
* Constable
* Sergeant
* Inspector
* Superintendent

there are also detectives in the Criminal Investigation Department who follow same ranking system (detective sergeant)

Question 5

Who is the investigating officer?

Answer 5

• usually officer who is in charge of investigating that particular offence (Officer in the Case)
• the officer the suspect’s legal representative would speak to at the police station to obtain pre-interview disclosure
• will most likely lead the interview
• can be police officer of any rank

Question 6

Where should the interview be conducted?

Answer 6

Should be interviewed at a police station or other authorised place of detention.
Requirement that an interview be conducted at a police station is subject to exceptions, where delay would be likely to:
* lead to interference with/harm evidence
* lead to interfernce with/harm to others
* lead to alerting other persons suspected
* hinder recovery of property obtained in consequence of commission of an offence

Question 7

Is there a right to disclosure?

Answer 7

No general right with exception of:
* a significant statement
* the custody record

PACE COP C 11 states that before an interview a solicitor must be given sufficient evidence to enable them to understand nature of offence and why client are suspected of committing it

Question 8

What is a significant statement

Answer 8

• one capable of being used in evidence and in particular any direct admission of guilt.
• any significant statement made suspect in presence of police officer or member of police staff, at the beginning of interview but after caution.

Question 9

What is the rule in regards to recording interviews?

Answer 9

Must be contemporaneously (simuntaneously) recordered - interviews under caution for an indictable offence must be audio recorded.

Exception to general rule (can be recorded in writing):
* it relates to some minor offences
* person has not been arrested and
* takes place other than at a police station

Question 10

What is the rule regarding fitness for an interview?

Answer 10

No person should be interviewed if they are unable to:
* appreciate signifance of questions asked and their answers or
* understand what is happening because of effects of drink, drugs or any illness or condition

However, an officer in rank of superintendent can authorise an interview in these circumstances.

Question 11

What should happen before the interview?

Answer 11

Solicitor should:
* obtain pre-interview disclosure
* have opportunity for a private consultation with client
- dicuss the case and
- advise client on their options for the interview

Question 12

What should happen at the interview?

Answer 12

Properly conducted interview:
* take place in an interview room in designated police station
* is recorded
* presence of a lawyer, if suspect has exercised their right under s.58
* gives the client the option to suspend the interview and have further consulations with solicitor

Question 13

When should solicitors consider intervening in the interview?

Answer 13

• information or evidence referred or produced was not disclosed before interview
• clarification on any matter is required at any time
• inappropriate questioning
• inappropriate behaviour
• further advice to client is needed
• a break is required or
• circumstances require

Question 14

What is the purpose of the interview?

Answer 14

To gather evidence as such necessary to step in where officers use inappropriate questioning techniques:
* misrepresenting information
* hypothetical questions
* repetitive questioning or
* disruptive listenting (not listening to client’s response)

Question 15

What is said about confessions?

Answer 15

They are admissible however PACE sets out circumstances when a confession can be excluded from evidence as a result of oppression or unreliability. Also, courts have discretion to exclude evidence that would have such an adverse effect on the fairness of proceedings that the court ough not to admit it.

Question 16

What does oppression and unreliability mean under s.76(2)?

Answer 16

• Oppression: torture, inhuman or degrading treatment or use of violence - might cause confession
• Unreliability: confession was obtained as a result of something said or done rendering it unreliable (e.g., if you admit, you’ll be released)

Existence of oppression and unreliability does not automatically exclude such evidence but court must grant defence’s application.

Question 17

What is the difference between s.78 and s.76(2) PACE?

Answer 17

• S.78 may be used exclude **any evidence **upon which prosecution seeks to rely whereas s.76 can only be used in relation to confession.
• S.78 can be used to exclude confessions where there is no suggestion that either limb of section 76(2) has been breached (e.g., if there is no oppression or unreliability, courts might still exclude as admitting it would make the trial unfair)