Preliminaries to prosecution - Interviews

Question 1

What sets out the procedures which must be followed when an arrested person is being interviewed?

Answer 1

PACE COP C - paragraphs 11 & 12.

Question 2

What is an interview (Code C, para 11.1A)?

Answer 2

The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences.

Question 3

Should interviews be carried out under caution?

Answer 3

Yes, interviews must be carried out under caution - a person must be cautioned before they’re asked any qs about their suspected involvement in the commission of an offence.

Question 4

Does the person need to be cautioned again when an interview resumes after a break?

Answer 4

Yes.

Question 5

What are the words of the caution?

Answer 5

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 say may be given in evidence.

Question 6

At which stage in the police station process is a person interviewed?

Answer 6

After seeing the custody officer and having their continued detention authorised, being informed of rights, after samples are taken, and after speaking to legal representative (if requested).

Question 7

What are the different police officer rankings?

Answer 7

1) Constable
2) Sergeant
3) Inspector
4) Chief inspector
5) Superintendent
6) Chief superintendent

Question 8

What rank must the investigating officer be?

Answer 8

A police officer of any rank - but is usually the officer who’s in charge of investigating that particular offence (Officer In the Case - OIC)

Question 9

Who leads the interview?

Answer 9

Most likely - the investigating officer.

Question 10

Who would the suspect’s legal representative speak to to obtain pre-interview disclosure?

Answer 10

The investigating officer.

Question 11

Where should the interview of an arrested person take place?

Answer 11

At a police station or other authorised place of detention.

Question 12

Are there exceptions to the requirement for an interview to be conducted at a police station? If so, what are they?

Answer 12

Yes, where delay would be likely to:
- lead to interference with or harm to evidence connected with an offence
- lead to interference with or physical harm to other persons; or
- lead to serious loss of, or damage to, property; or
- lead to the alerting of other persons suspected of having committed an offence but not yet arrested for it; or
- hinder the recovery of property obtained in consequence of the commission of an offence.

Question 13

Is there a general right to disclosure?

Answer 13

No, with the exception of a significant statement & the custody record.

Question 14

What does PACE COP C 11.1A mention about disclosure?

Answer 14

Before interview, a solicitor must be given sufficient information to enable them to understand the nature of any such offence and why they (the client) are suspected of committing it.

Question 15

Why/how will the defence solicitor & police have competing interests when it comes to disclosure?

Answer 15

The investigating officer will want to hold back as much info as possible - so that they can obtain an untainted account from the defendant.

The solicitor will want to have as much info as possible - to be able to give advice that’s in the best interests of the client & will do this by assessing the nature & quality of the evidence against the client.

Question 16

What is a significant statement?

Answer 16

One that appears to be capable of being used in evidence, and in particular any direct admission of guilty (ie. confession).

Question 17

When must a significant statement be put to the person who made it?

Answer 17

At the beginning of an interview, but after caution, any significant statement made by the person interviewed in the presence of a police officer or member of police staff must be put to them.

Question 18

Do interviews need to be recorded?

Answer 18

Yes, the general rule is that all interviews must be contemporaneously recorded.

Question 19

Which type of interviews must be audio recorded?

Answer 19

Interviews under caution for any indictable offence.

Question 20

What is the exception to the general rule?

Answer 20

The interview can be recorded in writing where:
- it relates to some minor offences
- the person hasn’t been arrested
- it takes place other than at a police station

Question 21

What are the general rules for fitness for interview? Who shouldn’t be interviewed?

Answer 21

No person should be interviewed if they’re unable to:
- appreciate the significance of the questions asked & their answers
- understand what’s happening because of the effects of drink, drugs or any illness, ailment or condition.

Question 22

Who can authorise an interview in these circumstances?

Answer 22

An officer of the rank of superintendent.

Question 23

What should be done by the solicitor before the interview?

Answer 23

• obtain pre-interview disclosure
• have an opportunity for a private consultation with their client to discuss the case & advise the client on their options for the interview.

Question 24

What are the requirements for a properly conducted interview?

Answer 24

• in an interview room in a designated police station
• recorded
• in the presence of a lawyer, if the suspect has exercised their right under s58 PACE
• gives the client the option to suspend the interview & have further consultations with solicitor

Question 25

What is the role of a solicitor at the police station?

Answer 25

To protect the client’s interests & advance their case.

Question 26

In what circumstances should a solicitor consider intervening?

Answer 26

• information or evidence is referred to or produced that wasn’t disclosed before the interview
• clarification on any matter is required at any time
• there is inappropriate questioning
• there’s inappropriate behaviour
• further advice to the client is needed
• a break is required
• the circumstances require

Question 27

What is the purpose of an interview?

Answer 27

To gather evidence.

Question 28

What should be done where officers use inappropriate questioning techniques?

Answer 28

Step in.

Question 29

What are examples of inappropriate questioning?

Answer 29

• misrepresenting information, such as upgrading responses, misrepresenting key items of information or inaccurate summarising
• hypothetical questions
• repetitive questioning
• disruptive listening, such as not listening to client’s response, or assuming knowledge of client’s response before client answers or finishes their answer.

Question 30

What does the investigating officer want from the interview?

Answer 30

They would like the suspect to admit the offence.

Question 31

What is the evidential starting point for confessions?

Answer 31

That they’re admissible.

Question 32

What does S76(2) PACE 1984 set out?

Answer 32

Circumstances when a confession can be excluded from evidence as a result of ‘oppression’ or ‘unreliability’.

Question 33

What is meant by oppression in S76(2)?

Answer 33

‘torture, inhuman or degrading treatment, or the use of threat of violence’ - the oppression must have caused the confession.

Question 34

What is meant by unreliability in S76(2)?

Answer 34

Unreliability means the confession was obtained as the result of something said or done which renders it unreliable - might include breaches of PACE including how the interview was conducted.

• the thing said or done must have caused the confessions unreliability.

Question 35

Does the existence of oppression or unreliability exclude such evidence?

Answer 35

No, the existence of oppression or unreliability doesn’t automatically exclude such evidence, instead the court must grant the defence’s application.

Question 36

What does S78 PACE 1984 set out?

Answer 36

Gives the court the discretion to exclude evidence that ‘would have such an adverse effect on the fairness of proceedings that the court ought not to admit it.

Question 37

Can S78 be used to exclude any evidence upon which the prosecution seeks to rely on?

Answer 37

Yes (in contrast to S76 which can only be used in relation to confessions).

Question 38

Can S78 be used to exclude confessions where there’s no suggestion that either limb of section 76(2) has been breached?

Answer 38

Yes.