Interviews

Question 1

Caution prior to Interview

Caution upon arrest

Answer 1

Upon arrest the suspect must be:
(1) Informed of their arrest & the grounds for the arrest
(2) Cautioned
UNLESS they were cautioned IMMEDIATELY PRIOR to arrest or
It is IMPRACTICABLE to do so because of either their
*Condition
*Behaviour

Question 2

Caution prior to Interview

Appropriate Adults

Answer 2

If a Juvenile or Vulnerable Person is cautioned in the absence of the AA then the caution MUST be repeated in the presence of the AA.

Question 3

Caution prior to Interview

Modified Caution

Answer 3

Modified Caution should be used when interviewed:
*Incommunicado delay to legal advice
*Urgent interview in the absence of legal advice
*After suspect is charged / reported

Question 4

Information to be given prior to questioning

Answer 4

Prior to be questioned about an offence
the suspect must be informed of the NATURE of the offence.

This includes being questioned about any further offences
That come to light during the interview

Question 5

Breaks in Interview

Recording Media procedure

Answer 5

Suspect vacates room:
Remove recording media & follow end-of-interview process

Suspect & Interviewer remain in room:
Recording MAY be stopped
Recommence interview using the same media

Question 6

Breaks in Interview

Intervals & Duration

Answer 6

After two hours of interviews the suspect should be given a break
Of at least 15 minutes.

A meal break during a series of interviews should be at least 45 minutes.

Question 7

Breaks in Interview

Resumption procedure

Answer 7

(1) MUST remind the suspect that they are under caution
(2) SHOULD summarise the reason for the break
(3) SHOULD confirm with the suspect the reason for the break
(4) MUST remind the suspect of their ongoing right to legal advice

Question 8

End of Interview

When interviews must cease

PACE Code C

Answer 8

The interview or further interview of a person about an offence with which that person has not been charged or for which he/she has not been informed he/she may be prosecuted, must cease when:

(a) the officer in charge of the investigation is satisfied all the questions they consider relevant to obtaining accurate and reliable information about the offence have been put to the suspect

(b) the officer in charge of the investigation has taken account of any other available evidence; and

(c) the officer in charge of the investigation, or in the case of a detained suspect, the custody officer, reasonably believes there is sufficient evidence to provide a realistic prospect of conviction for that offence.

Question 9

End of Interview

Master Recording Seal

Answer 9

If either the suspect or any third party present during the interview
Refuses to sign the master recording seal, then an officer of
INSPECTOR or above shall be called into the IV room
and asked to sign it. If no Inspector is available then the
CUSTODY OFFICER can be called in & requested to sign.

If the suspect is not under arrest then a SERGEANT shall be called into the room and asked to sign it.

Question 10

Breaking a Master Recording Seal
PACE Code E

Answer 10

If it is necessary to gain access to the master recording, the police officer shall arrange for its seal to be broken in the presence of a representative of the CPS. The defendant or their legal adviser should be informed and given a reasonable opportunity to be present.

Only the police officer and the CPS representative must as a bare minimum be present when the seal of a master recording is to be broken. If the defendant or their legal representative is present, they shall be invited to reseal and sign the master recording.

If either refuses or neither is present this should be done by the representative of the Crown Prosecution Service.

A record must be made of the procedure followed including the date, time, place, and persons present.

Question 11

Interviews in Cells

Answer 11

Interview can take place in a cell
at the discretion of the Custody Officer IF they consider
there are reasonable grounds for the interview not to be delayed.
A written record of the IV can be made in these circs
IF the CO considers that an authorised recording device
Cannot safely be used in the cell.

Question 12

Voluntary Attendance

Right to Legal Advice

Answer 12

Free legal advice is available to volunteers
At ANY LOCATION (PACE Code C Para 10.2)

Question 13

Interviews of Juveniles at School Premises

Answer 13

A juvenile can be interviewed at their place of education
In EXCEPTIONAL CIRCUMSTANCES
AND
With the agreement of the Principal (or their nominee).
The PARENTS of the juvenile should be notified
And allowed a reasonable time to attend
UNLESS waiting would cause an unreasonable delay
In which case the PRINCIPAL (or nominee) can act as AA
UNLESS the offence suspected is against the establishment.

Question 14

Adverse Inferences
s34 CJPOA 1994

Answer 14

An adverse inference can be drawn where the suspect
Fails to mention facts at interview which they later rely upon
In their defence at trial
Which they could reasonably have been expected to mention
At the time of the interview.

Question 15

Adverse Inferences - considerations

Case Law

Answer 15

(1) Was the suspect fit for interview?
(2) Could they have reasonably been expected to immediately recollect the fact (later relied upon) at the time of the interview?
(3) Was adequate disclosure given to the suspect and their solicitor for them to understand the significance of that fact?

There is nothing within CJPOA stating that information must be disclosed by the police prior to interview before an inference from silence can be made.

Case Law
Where a defendant had an explanation to give that was consistent with their innocence, it was not reasonable (within the meaning of s34) to fail to give that explanation in interview even where they had been advised by their solicitor to remain silent. Legal advice by itself could not preclude the drawing of an adverse inference

Question 16

Adverse Inferences
s35 CJPOA 1994

Answer 16

An adverse inference can be drawn where the suspect
Without good cause either:
*Fails to take the stand at trial
*Selectively answers questions whilst on the stand

Question 17

Adverse Inferences

Special Warning
s36 CJPOA 1994

Applicable circumstances of arrest (1)

Answer 17

A person is ARRESTED and at the time of the arrest
There is a Mark / Object / Substance / Mark on an Object (MOSMO)
Either:
*On their person
*In or on their clothing or footwear
*In their possession
*In any place where they are arrested
AND
The interviewer reasonably believes
that the presence of the MOSMO
MAY BE attributable to the suspect’s participation in a crime.

Question 18

Adverse Inferences

Special Warning
s37 CJPOA 1994

Applicable circumstances of arrest (2)

Answer 18

A person is found by a constable and arrested (by that constable)
At a place
At or about the time that the offence was committed
AND
The interviewing constable (can be any constable) BELIEVES that the
PRESENCE of the PERSON in that PLACE at that TIME
May be attributable to their participation in a crime

Question 19

Adverse Inferences

Special Warning
s36-37 CJPOA 1994

Administering a Special Warning

Answer 19

Interviewer must:
(A) Inform the suspect of their belief
(B) Ask the suspect to account for either (1) or (2) above
(C) Provide a Special Warning

If the suspect then fails to account for either (1) or (2) above
Then an adverse inference is generated

Question 20

Unsolicited Comment

Definition

Answer 20

A comment made of a person’s own free will
IMPLICATING THEM in the commission of an offence
BEFORE they are SUSPECTED of any involvement
And therefore PRIOR TO CAUTION.

Question 21

Unsolicited Comment

Procedure

Answer 21

(1) Make a written record of the comment
(2) Time and sign the record
(3) Where practicable, give them the opportunity (there is no prescribed time limit within which this must be done) to read the record and either:
*SIGN as correct
*Indicate how they consider it to be inaccurate and then sign it
(4) Record any refusal by the suspect to sign.

Question 22

Significant Statement

Answer 22

A statement capable of being used in evidence against the suspect - in particular, a direct admission of guilt.

(Can be made before or after caution).

The statement must be made in the presence or hearing of either a police officer or police staff.

Question 23

Significant Silence

Answer 23

A failure or refusal to answer a question satisfactorily
When under caution
Which might (allowing for the restriction on drawing adverse inferences from silence) give rise to an inference under CJPOA 1994.

Question 24

Significant Statement & Significant Silence

Procedure

Answer 24

Capable of being used in evidence against the suspect
AND
Must be made in the hearing or presence
Of a police officer or police staff.

Any Significant Statement or Significant Silence
SHOULD be put to the suspect at the start of interview (after caution)
Suspect SHOULD then be asked to CONFIRM / DENY
That they made the SS
And ADD anything that they wish to.

Question 25

Requirement to use authorised audio-recording device PACE Code E

Answer 25

If an authorised recording device in working order and an interview room or other location suitable for that device to be used are available then that device shall be used.

Question 26

Requirement to use authorised audio-recording device PACE Code E When a written record can be made instead of using an authorised audio-recording device

Answer 26

A written record of the interview shall be made ONLY IF EITHER: (A) (1) An authorised recording device in working order is not available OR (2) Such a device is available but a location suitable for using that device is not available AND The Relevant Officer considers on reasonable grounds that the interview should not be delayed until an authorised recording device in working order and a suitable interview room or other location become available and decides that a written record shall be made (B) The suspect or the appropriate adult on their behalf objects to the interview being audibly recorded and the Relevant Officer, having regard to the nature and circumstances of the objections, decides that a written record shall be made. (C) The detainee refuses to go into or remain in a suitable interview room and the Custody Officer directs that interview be conducted in a cell, and considers that an authorised recording device cannot be safely used in the cell.

Question 27

Written Records of Interview Relevant Officer PACE Code E

Answer 27

(a) Suspect arrested elsewhere than at a police station and before they arrive at a police station, an urgent interview is necessary: the Relevant Officer is the interviewer (who may or may not be the arresting officer), who must have regard to the time, place and urgency of the proposed interview. (b) *Suspect at a police station (having been arrested elsewhere) *Suspect arrested at a police station after attending voluntarily Relevant Officer is the Custody Officer at the station where the person’s detention was last authorised. (c) Voluntary interview (i) At a police station for an indictable offence, the Relevant Officer is a Sergeant (or above), in consultation with the investigating officer (ii) At a police station for a summary offence, the Relevant Officer is the interviewer (in consultation with the investigating officer if different) (iii) Elsewhere than at a police station and the offence is one of the four indictable offence types in Part 1 of the Annex to this Code, the Relevant Officer is the interviewer (in consultation with the investigating officer if different). (iv) Elsewhere than at a police station and the offence in question is an indictable offence which is not one of the four indictable offence types in Part 1 of the Annex to this Code, the Relevant Officer is a Sergeant (or above), in consultation with the investigating officer. (v) Elsewhere than at a police station and the offence in question is a summary only offence, the Relevant Officer is the interviewer in consultation with the investigating officer, if different.

Question 28

Failure of Equipment during Interview PACE Code E

Answer 28

If equipment failure can be rectified quickly then follow process for a break in interview. When the recording is resumed, the interviewer shall explain what happened and record the time the interview recommences. If it is not possible to continue recording on the same device, the interview should be audio-recorded on removable media if the equipment is available. If it is not available, the interview may continue and be recorded in writing as directed by the Relevant Officer. Where the content of the interview has been lost in its entirety, the media should be sealed in the suspect’s presence and the interview begun again.

Question 29

Suspects with hearing impediment

Answer 29

When the suspect appears to have a hearing impediment, the interviewer must make a written note of the interview at the same time as the audio recording.

Question 30

Complaints in Interview PACE Code C

Answer 30

if a complaint is made during interview by or on behalf of the suspect - the interviewer should both: (1) Record the complaint in the interview record (2) Inform the Custody Officer There is no need to stop the recording to inform the Custody Officer – the recording should be kept running. The decision to continue or terminate the interview is at the interviewing officer’s discretion. If the interviewer decides to continue the interview, they should tell the suspect that their complaint will be brought to the Custody Officer’s attention at the conclusion of the interview. When the interview is concluded the interviewer must then ASAP inform the Custody Officer about the existence and nature of the complaint. The complaint should be recorded by the interviewing officer in the interview record – not in the custody record. If it comes to notice the suspect may have been treated improperly - the Custody Officer must both: Report the matter ASAP to an Inspector or above not connected with the investigation; and If the complaint relates to a possible assault or unreasonable force an appropriate health care professional must also be called ASAP. The complaint must initially be relayed by the interviewing officer to the Custody Officer. It is then down to the Custody Officer to report the complaint to an officer of the rank of Inspector or above.

Question 31

Interview via Live Link Objections

Answer 31

Representations can be made either PRIOR or DURING interview If the Custody Officer & interviewer cannot allay the concerns Then the live-link may not be used UNLESS Authorised in writing by an INSPECTOR (or above). The authorising officer must be satisfied that the LL IV is both NECESSARY and JUSTIFIED Having regard to: (1) Circumstances of the suspect (2) Nature & seriousness of the offence (3) Requirements of the investigation (4) Representations made by the suspect / legal advisor / AA (5) Impact on the investigation.

Question 32

Simultaneous Video Recording (SVR)

Answer 32

There is NO statutory obligation to SVR Decision to SVR is made by the RELEVANT OFFICER. Situations where it will be appropriate to SVR: (1) Interviewee requiring an AA (2) Upon request of suspect / LA / AA (3) Any person in the IV is deaf / blind / speech impaired and uses sign-language to communicate (4) Inteviewer anticipates that during the interview they will invite the the suspect to either: (a) Demonstrate their actions or behaviour (b) Examine an object handed to them (c) OIC believes that SVR will assist the investigation

Question 33

England/ Wales officer conducting VAI on behalf of Police Scotland

Answer 33

When all of the following conditions are met: (1) No statutory or common law power to detain/ arrest (2) Suspect believed to have committed offence in Scotland (3) Insufficient evidence for the issue of a warrant (4) Case is not sufficiently serious to justify Scottish officers travelling to E/W to exercise their cross-border powers An E/W officer can be requested to invite the suspect to attend E/W police station for VAI; in accordance with the below: (A) CoP should be complied with (B) Scottish caution* should be used Failure to adhere to the above may render the interview inadmissible in Scottish proceedings. *You are not obliged to say anything, but anything you do say will be noted and may be used in evidence".

Question 34

Police Scotland conducting VAI on behalf of England/ Wales force

Answer 34

When all of the following conditions are met: (1) No statutory or common law power to detain/ arrest (2) Suspect believed to have committed offence in England/ Wales (3) Insufficient evidence for the issue of a warrant (4) Case is not sufficiently serious to justify E/W officers travelling to Scotland to exercise their cross-border powers An PolScot officer can be requested to invite the suspect to attend Scottish police station for VAI; in accordance with the below: (A) CoP should be complied with (B) E/W caution should be used

Question 35

Interrupting a Rest Period PACE Code C

Answer 35

A detained person must have a continuous 8-hour ‘rest period’ while he or she is in detention; this period should normally be at night. The period should be free from questioning, travel, or any interruption by police officers in connection with the case. The period may not be interrupted or delayed, except: (a) when there are reasonable grounds for believing not delaying or interrupting the period would: (i) involve a risk of harm to people or serious loss of, or damage to, property; (ii) delay unnecessarily the person's release from custody; (iii) otherwise prejudice the outcome of the investigation; (b) at the request of the detainee, their appropriate adult or legal representative; (c) when a delay or interruption is necessary in order to: (i) comply with the legal obligations and duties arising under s. 15; (ii) take action required under s. 9 or in accordance with medical advice.

Question 36

Interview after Charge PACE Code C

Answer 36

Can only take place when the interview is necessary to either: *Prevent/ minimise harm or loss to some other person or the public *Clear up an ambiguity in a previous answer or statement *In the interests of justice to have put to them, and have an opportunity to comment on, information concerning the offence which has come to light since they were charged or informed they might be prosecuted.