Interviews

Question 1

When must a suspect be cautioned?

Answer 1

Before interview/ recommencement

“not mention something later rely on etc”

Question 2

When can a suspect be interviewed not at a police station?

Answer 2

usual concerns:

harm to evi/ others, alert others, damage/ loss of property, hinder recovery

Question 3

What should be disclosed before interview?

Answer 3

• Significant statement
• custody record

‘sufficient information’ given to solicitor to understand nature and why client is suspected’

Question 4

What is a significant statement?

When must it be put forward?

Answer 4

Capable of being used in evidence and any direct admission of guilt

beginning of interview, after caution, if made in presence of police officer or staff

Question 5

When can an interview be only recorded in writing?

Answer 5

• minor offences
• not arrested
• not at police station

Question 6

Who can authorise an interview if the suspect is deemed unfit e.g not appreciate or drink/ drugs?

Answer 6

Superintendent

Question 7

When should a solicitor consider intervening in an interview?

Answer 7

• info / evi was not disclosed before interview
• clarification on any matter
• inappropiate questioning
• inappropiate behaviour
• advice to client
• break is required
• ‘circumstances require’

Question 8

What is the evidential starting point for confessions?

What are s76 an s78? how relevant?

Answer 8

confesssions = admissible

but..

s76 - opression/ unreliability
s78 - adverse effect on fairness of proceedings ought not to admit

Question 9

Key points under s76

Answer 9

opression = torture/ inhumane/ degrading or use/ threat of violence caused the confession

unreliability = breach of PACE e.g how interview conducted caused the unreliability

ONLY USED FOR CONFESSIONS

The existence does not automatically exclude but the court must grant defence’s application

Question 10

Key points under s78

Answer 10

Used when cannot satisfy s76

can apply to all evidence prosecution seeks to rely not just confessions