What is an interview?
- question of a person regarding their involvement or suspected involvement in a criminal offence or offences
- it must be carried out under caution
- must be based on objective facts, not a hunch
When is a caution NOT required?
- when there is NO suspicion that the suspect has been involved in the commission of a crime
- solely to establish identity or ownership of any vehicle
- furtherance of the proper and effective conduct of a search
- to seek verification of a written record in relation to an unsolicited comment
- to obtain information in accordance with statutory requirement
What info needs to be given to an arrested person?
- Nature of the suspected offence
- when and where the offence was committed
- reason why the arrest is necessary (CODE G)
- caution upon arrest unless the suspect was cautioned immediately prior to arrest.
Section 34 Criminal Justice and Public Order Act 1994
Adverse inferences can be drawn if when questioned under caution, charged or told will be prosecuted, fails to mention a fact on which he later relies on in his defence and which he could reasonably have been expected to mention at the time.
- individual cannot be convicted solely on Section 34
- Section 34 allows the jury to consider why a defendant did not mention this defence sooner
Section 36 Criminal Justice and Public Order Act 1994
at the time of a persons arrest there is on
-on his person
- in his clothing or footwear or
- otherwise in his possession or
- in any place in which he is at the time of his arrest
- any Substance, Object or M
Mark, or Mark on object AND
- officer reasonably believes presence of SOM may attribute to the participation of the person in the commission of the offence specified by the officer AND
- officer informs and requests him to account for presence of SOM and person fails or refuses to do so = ADVERSE INFERENCE
What is a special warning?
In order to rely on adverse inference, a SPECIAL WARNING must be given this includes:
- what offence is being investigated
- what fact the suspect is being asked to account for
- that the interviewing officer believes this fact may be due to the suspects taking part in the offence
- a court may draw a proper inference if suspect fails to account for fact
- record being made of interview and may be given in evidence
this must be repeated for every fact that you are asking the detainee to account for
Section 35 - Inference from Silence at Trial
Judge and defence confirm that the defendant is aware of the consequences of not talking in the witness box.
- Burden of proof remains with the Crown
Interviews and pre-interview briefing
- the person and the legal rep must be given sufficient information
- this does not require the disclosure of details at a time which might prejudice the criminal investigation
- disclosure decision rests with the investigating officer
- officer shall make a record of the information disclosed and when it was disclosed.
