1.6 Interview

Question 1

Which parts of the PACE Codes of Practice deal with police interviews?

Answer 1

COP C
11 - Interviews - general
12 - Interviews at police stations

Question 2

What is the definition of a police interview?

Answer 2

COP C 11.1A

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

Question 3

When must a suspect be cautioned in relation to an interview?

Answer 3

COP C 10.1

Suspects must be cautioned before any questions about an offence, or further questions if the answers provide the grounds for suspicion, are put to them if their answers or silence may be used as evidence in court.

Question 4

When does a person not need to be cautioned before being questioned?

Answer 4

COP C 10.1

A person need not be cautioned if questions are for other necessary purposes, e.g.:
(a)
solely to establish their identity or ownership of any vehicle;
(b)
to obtain information in accordance with any relevant statutory requirement, see paragraph 10.9;
(c)
in furtherance of the proper and effective conduct of a search, e.g. to determine the need to search in the exercise of powers of stop and search or to seek co-operation while carrying out a search; or
(d)
to seek verification of a written record

Question 5

What are the words of the caution?

Answer 5

COP C 10.5

“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

Where should interviews take place after arrest?

Answer 6

COP C 11.1

Where an officer has decided to arrest a person, that person should be interviewed at a police station or other authorised place of detention.

Unless delay would be likely to lead to…

(a) interference with or harm to evidence, persons or property;
(b) alerting of suspects;
(c) hinder the recovery of property obtained because of the offence.

Question 7

What must police do with significant statements?

Answer 7

COP C 11.4

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 8

What should the police do if the arrested person refuses to answer a question?

Answer 8

COP C 11.5
No interviewer may try to obtain answers or elicit a statement by the use of oppression. Except as in paragraph 10.9, no interviewer shall indicate, except to answer a direct question, what action will be taken by the police if the person being questioned answers questions, makes a statement or refuses to do either.

Question 9

Which statutory provision deals with audio recording interviews?

Answer 9

Section 60 PACE
It shall be the duty of the Secretary of State -
(b)
to make an order requiring the audio recording of interviews of persons suspected of the commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance with the code as it has effect for the time being.

Question 10

When can a police interview take place even though the arrested person has not had access to legal advice?

Answer 10

COP C 6.6 and Annex B

An officer of superintendent or above must authorise it. He must have reasonable grounds for believing that one of the consequences in Annex B1 or B2 or COP C 6.6 may occur.

Question 11

What is a significant statement?

Answer 11

COP C 11.4A

A significant statement is one that is appears to be capable of being used in evidence, and in particular any direct admission of guilt.

Question 12

Must police record interviews that don’t take place at a police station?

Answer 12

COP C 11.7(a)

An accurate record must be made of each interview, whether or not the interview takes place at a police station.

Question 13

What should a defendant’s barrister do if the police fail to follow the rules of interview?

E.g., fail to caution the defendant or record what she said.

Answer 13

Try to get the interview evidence excluded under s.76 (admissibility of confession evidence) and/or s.78 PACE 1984 (confessions and any other evidence).

Question 14

When can post-arrest police interviews not take place in a police station?

Answer 14

COP C 11.1

The requirement that an interview be conducted at a police station is subject to exception where delay would be likely to:
a)
lead to interference with or harm to evidence connected with an offence, interference with or physical harm to other persons, or serious loss of, or damage to, property; or
b)
lead to the alerting of other persons suspected of having committed an offence but not yet arrested for it; or
c)
hinder the recovery of property obtained in consequence of the commission of an offence.

Interviewing in any of these circumstances must cease once the relevant risk has been averted or the necessary questions have been put to avert the risk

Question 15

What information must the arrested person be given before the interview?

Answer 15

COP C 11.1A

Before a person is interviewed, they and, if they are represented, their solicitor must be given sufficient information to enable them to understand the nature of any such offence, and why they are suspected of committing it in order to allow for the effective exercise of the rights of the defence.

However, … this does not require the disclosure of details at a time which might prejudice the criminal investigation.

Question 16

When must a special warning be given to an arrested suspect?

Answer 16

COP C 10.10

In addition to the caution, where a suspect is interviewed at a police station or other authorised place of detention following arrest and:

(a) [account for something found on him]
is asked to account for any object, mark or substance, or mark on such objects found on his person, in or on his clothing or footwear, otherwise in his possession, or in the place where he was arrested; or

(b) [account for his presence at the place of arrest]
to account for his presence at the place where he was arrested, a special warning must be given in the terms set out in Code C, para. 10.11. Inferences cannot be drawn if the warning is not given (CJPO 1994, ss. 36(4) and 37(3)).

Question 17

Can police force suspects to confess?

Answer 17

COP C 11.5

No interviewer may try to obtain answers or elicit a statement by the use of oppression.

Question 18

Which PACE Code of Practice deals with audio recording of interviews?

Answer 18

COP E

Question 19

Which Rule of Practice requires audio recording in all interviews?

Answer 19

COP C 3.21A(f)

Question 20

What happens if the arrested person is unable to understand the interview due to illness, intoxication or some other factor?

Answer 20

COP C 11.18
The interview should not take place unless authorised by a superintendent and the other criteria apply: indictable offence; risk of interference with evidence or witnesses, etc.