PACE - Audio Interview (Code E)

Question 1

Who is eligible for special measures for victims/ witnesses in accordance with s.16 of Youth Justice and Criminal Evidence Act 1999?

Answer 1

• Children (under 18 at the time of the first ground rules hearing)
• Learning disabilities
• Mental health issues
• Physical disability

Question 2

If a victim/ witness falls into a special measures category, what should you consider?

Answer 2

Consider whether taking a written statement would achieve their best evidence - could consider video interview/ statement for example

Question 3

What are the two special warnings?

Answer 3

S.36 Criminal Justice and Public Order Act 1994 - found with something he shouldn’t have
S.37 Criminal Justice and Public Order Act 1994 - found at a place he shouldn’t have been at or about the time of an alleged offence

Question 4

What is a special warning?

Answer 4

• higher level warning than the caution
• takes away right to silence as judiciary has said that there are certain situations where they would expect a person who is innocent to explain the circumstances of the special warning material
• can be used when a person does not account for something e.g. no comments

Question 5

S.37 Criminal Justice and Public Order Act (Special Warning)

Answer 5

• arrested by a constable
• found by the same constable that arrested them
• at any place at or about the time of an offence
• their presence is suspected to be attributable to their participation in the offence

Question 6

S.36 Criminal Justice and Public Order Act (Special Warning)

Answer 6

• arrested by a constable
• must have found something on their person, in or on their clothing or footwear, or otherwise in their possession something relating to the offence
• can be mark, object or substance
• belief that the presence of the mark, object or substance is attributable to the person’s participation in the offence
• can’t give special warning for finger prints/ DNA in this force

Question 7

How should a special warning be presented? (OFFID)

Answer 7

O - Offence
F - Fact asking about
F - Fact that this could link them to the offence
I - Inference
D - Digital recording

Question 8

When can bad character evidence be introduced in an interview? (D&G)

Answer 8

D - done it before - they have a tendancy to commit like offences
G - got it in for me - suspect starts attacking someone else’s character verbally during the interview

Question 9

What is a significant statement?

Answer 9

A significant statement is something that is said by the suspect before or after they are cautioned that will be brought up in an interview. This is usually recorded in a pocket notebook and the suspect is offered to sign it

Question 10

Remote monitoring of interviews

Answer 10

• no authorisation required
• should be recorded in custody record along with names of officers doing the monitoring
• interviewer must ensure suspect and solicitor are fully aware of the monitoring and that no privileged conversations will be listened to

Question 11

Adverse Inferences - Criminal Justice and Public Order Act 1994

Answer 11

• s.34 - failure to mention facts when questioned/ charged
• s.35 - defendant’s silence at trial
• s.36 - special warning (failure to account for objects, substances or marks)
• s.37 - special warning (failure to account for presence at a particular place)

Question 12

Can a defendant be convicted solely on an adverse inference drawn from silence?

Answer 12

A defendant cannot be convicted solely on an adverse inference drawn from silence

Question 13

Can a detainee’s eight hour rest period be interrupted for interview?

Answer 13

Yes at the request of the detainee, their legal representative or the appropriate adult.

If the detainee requests that the rest period be interrupted then a fresh rest period is not required.

This requires no authorisation.

Question 14

Can a solicitor/ legal representative be removed from an interview because of their behaviour?

Answer 14

• yes if they are acting in such a way that the interviewer is unable to put questions to the detainee properly
• interviewing officer must stop the interview and consult with a superintendent and if one is not readily available, an officer not below the rank of inspector should be consulted
• it is not mandatory that the authorising officer witness the behaviour, however, it is advisable to do so that an informed decision is reached
• must be able to satisfy the court that the decision was properly made

Question 15

What does PACE define an interview as?

Answer 15

• questions to obtaining evidence about his or her involvement or suspected involvement in an offence
• if a person is asked anything other than this, a caution does not need to be given

Question 16

What disclosure is required before an interview?

Answer 16

• no specific provision in PACE for the disclosure of any information by the police, with the exception of the custody record.