Interviews Flashcards

Question

CAUTIONING - RECAP QUESTION 8 Will the standard caution be administered when a person is interviewed following charge in the presence of a solicitor?

Answer 1

ANSWER: No - the modified caution will always be administered at the commencement of post charge interviews - as it will not be possible to generate an adverse inference from any silence exercised by a detainee during the course of a post charge interview. This will be the case irrespective of whether or not a solicitor is present. There are only 3 narrow necessity grounds under which post charge interviews will be permitted - they are covered later in the playlist.

Answer 2

WHAT INFORMATION MUST BE SUPPLIED WHEN CAUTIONING A VOLUNTEER? When a person who is not under arrest (i.e. a volunteer) is either: * Initially cautioned; or * Reminded that they are under caution ...the volunteer must at the same time be informed: * That they are not under arrest; * That they need to agree to be interviewed; * How they obtain legal advice; * Of the other rights and entitlements that now apply to volunteer interviews.

Answer 3

Step 1 Inform the p«son arrested At the time; or ASAP thereafter that both They are under arrest; The grounds for their arrest. Step 2 Caution them unless: They have already bee cautioned immediately prior to their arrest; or It is impracticable to do so because of their: * Condition; or * Behaviour.

Answer 4

The suspect must be informed of the nature of either: The offence. Any further offences that come to light during questioning.

Answer 5

Step 1 The officer must make a written record sure of the unsolicited comments. Step 2 The officer must ensure the record is both: Timed; and Signed. Step 3 Where practicable, the suspect must be given the opportunity to: > Read the record, and either. * Sign the record as correct: or * Indicate how they consider the record to be inaccurate and sign. Step 4 If suspect refuses to sign - the officer must record their refusal.

Answer 6

No time limit Next day OK Bately v DPP

Answer 7

WHAT INFORMATION SHALL BE SUPPLIED UPON ARREST? It is important that you do not confuse the separate rules regarding the obligation to inform a person that they are under arrest and the obligation to caution upon arrest. ACTION 1 - THE OBLIGATION TO INFORM THE PERSON THAT THEY ARE UNDER ARREST The person arrested must be informed either: * At the time of their arrest; or * As soon as practicable thereafter ...both: * That they are under arrest; and * The grounds for their arrest. NB - the only exception is when they are escaping. ACTION 2 - THE OBLIGATION TO CAUTION The person arrested must also be cautioned unless: * They have already been cautioned immediately prior to their arrest; or * It is impracticable to do so because of their condition or behaviour.

Answer 8

ANSWER: GENERAL RULE - Yes. EXCEPTION - The one narrow caveat where it will be unnecessary to inform them that they are under arrest is where they are escaping.

Answer 9

ANSWER: No - whilst as a general rule a person must be cautioned upon arrest - there are 2 caveats where there is no need to caution following arrest if either: * They have already been cautioned immediately prior to their arrest; or It is impracticable to do so because of their condition or behaviour.

Answer 10

ANSWER: Yes - a failure to do so could lead to the exclusion at trial of any confession obtained as a consequence under section 76(2)(b) PACE 1984 - (see the Exclusion of Evidence module).

Answer 11

ANSWER: Yes - where practicable, the suspect must be given the opportunity to read the record and either: * Sign the record as correct; or Indicate how they consider the record to be inaccurate and sign.

Answer 12

ANSWER: No - provided the officer records the suspect's refusal to endorse - the unsolicited comment will remain admissible trial.

Answer 13

Section 34 Fails to mention facts at interview which they later rely upon in their defence at trial which they could reasonably have been expected to have mentioned at the time of the interview. Section 35 Without good cause either: Fails to take the stand in their defence at trial; or Selectively answers questions whilst on the stand. Section 36 Fails to account for the presence of either Objects; Substances; Marks; Marks on an object Section 37 Fails to account for presence at a place at or about the time of the commission of the offence.

Answer 14

No opportunity for legal advice Murray v UK Modified caution

Answer 15

The court may draw such inferences as appear proper if when a suspect is questioned under caution either. Before they are charged On being officially informed they may be prosecuted Upon being charged ...during the interview: Fails to mention a fact ...which in the circumstances existing at the time of the interview they should reasonably have been expected to have mentioned ...and they later rely on that fact in their defence at trial. Comments At Interview Reasonable Defence Run At Trial Factor 1 Whether the suspect was fit for interview? - R v Argent Factor 2 Whether the suspect could be reasonably be expected to immediately recollect the fact at the time of the interview? Factor 3 Whether there has been adequate disclosure for the solicitor and the suspect to understand the significant of fact? - R v Roble Written statement Defence Run At Trial

Answer 16

Subsequent fabrication

Answer 17

A constable arrests a person... who at the time of their arrest has either... * Object * Substance * Mark * Mark on an object * On their person * In or on their clothing or footwear * In their possession * In any place where they are at the time of their arrest The interviewing constable reasonably believes that: * The presence of the object, substance or mark, or mark on the object; * May be attributable to the suspect's participation in a crime; and The interviewing constable: * Informs the suspect of their belief; * Asks the suspect to account for the presence of the object, substance or mark; * Provides the suspect with a special warning; and * The suspect fails to account for the presence of the object, substance or mark.

Answer 18

A person is found by a constable Not by a member of the public At a place at or about the time the' offence was committed... Who Must Arrest? The constable who found them. The interviewing constable reasonably believes that: * The presence of the person at the place at that time; * May be attributable to the suspect's participation in a crime; and... The interviewing constable: * Informs the suspect of their belief; * Asks the suspect to account for their presence: * At that place; * At that time; * Provides the suspect with a special warning; and * The suspect fails to account for their presence at that place at that time.

Answer 19

MINIMUM DISCLOSURE REQUIREMENTS - LEGAL UPDATE Now, as a minimum requirement - only the custody record must be disclosed to the defence prior to interview. Code C Paragraph 11.1A states that before a person is interviewed both the suspect and their solicitor (if legally represented) - must be given sufficient information to enable them to understand both: * The nature of the offence; and * Why they are suspected of having committed the offence ...in order to allow the effective exercise of their rights to a defence. WHAT NEED NOT BE DISCLOSED? There is no need to disclose details which at the time might prejudice the investigation. FIRST DESCRIPTIONS OF IDENTIFICATION WITNESSES Code D Paragraph 3.1 states that a copy of the ‘first description’ shall, where practicable, be given to the suspect or their solicitor before any known suspect identification procedure takes place. There is no reference to obliging the supply of the first description prior to an interview procedure. So an officer engaging in pre-interview disclosure which takes place in advance of any identification procedures need not provide the ‘first description’ of a suspect to their solicitor at that time. FULL DISCLOSURE IS UNNECESSARY The case of R v Argent [1997] 2 Cr App R 27 established that it is not necessary for there to be full disclosure by the investigating officer and it will be possible for an adverse inference to be drawn when there has not been full disclosure by the investigating officer. THE KEY POINT REGARDING THE EXTENT OF DISCLOSURE REQUIRED The case of R v Argent [1997] 2 Cr App R 27 also acknowledged that the extent of disclosure would be a factor that the court would consider in determining whether the failure to mention a fact was reasonable. The case of R v Roble [1997] Crim LR 449 established that a solicitor will act reasonably in advising silence and no adverse inferences will be drawn where there is so little disclosure that the solicitor is unable to advise the suspect as they do not understand the significance of the fact in the context of the investigation. Therefore, in the event of partial disclosure, provided the investigating officer discloses adequate information to enable the suspect to understand the significance of the fact in the context of the investigation – adverse inferences can still be drawn

Answer 20

NO - THERE IS NO BLANKET PROTECTION GENERATED BY RELIANCE UPON LEGAL ADVICE Genuine reliance upon the advice of a solicitor to remain silent will not provide a blanket protection against the drawing of adverse inferences - this will be the case even if the solicitor’s advice was erroneous. The case of R v Ali [2001] EWCA Crim 683 established that it is irrelevant whether the advice to remain silent is either poor or genuinely relied upon by the suspect. What mattered is whether the solicitor was reasonable in advising their client to remain silent. The cases of R v Beckles [2005] 1 All ER 705 and R v Bresa [2005] EWCA Crim 1414 established that the fundamental question is whether the defendant remained silent not because of the legal advice to do so, but because there was no satisfactory explanation to provide. The case of R v Hoare [2004] EWCA Crim 784 established that if the investigating officer has put an allegation to the suspect under caution at interview and the suspect has a valid explanation to hand - it will not be reasonable for them to remain silent upon the advice of their solicitor. In such circumstances adverse inferences will be drawn if they fail to mention the fact during interview and later rely upon the fact in their defence at trial.

Answer 21

ANSWER: No - the modified caution must be administered in such circumstances. In the case of Murray v UK [1996] 22 EHRR 29 - the European Court of Human Rights established that it will not be possible to draw an inference until the suspect in police detention has been afforded the opportunity to consult a solicitor.

Answer 22

ANSWER: No - remember - no caution - no inference!

Answer 23

ANSWER: No - section 36 or section 37 CJPOA 1994 adverse inferences only apply to silence in respect of interviews conducted following arrest.

Answer 24

ANSWER: No – they have the discretion to do so. Section 35(4) CJPOA 1994 states that the accused is not compellable to give evidence on their own behalf, and shall not be guilty of contempt of court if they exercise their discretion not to take the stand. Put simply, the accused can never be forced by the prosecution to take the stand - they merely have the discretion to take the stand to give evidence for their own defence. However, if the accused without good cause exercises their discretion not to take the stand at trial - such inferences as appear proper will be drawn under the first limb of section 35 CJPOA 1994. If the accused decides to take the stand but then without good cause refuses to answer questions once sworn - then such adverse inferences as appear proper will be generated under the second limb of section 35 CJPOA 1994.

Answer 25

ANSWER: No - a section 34 CJPOA 1994 adverse inference will not be generated when the story provided at the time of the interview mirrors that run at trial. it is only when the story diverges by virtue of either adding new facts or changing the story at trial will a section 34 inference potentially be generated. If the story does diverge - it must still be established that in the circumstances existing at the time of the interview the suspect could reasonably have been expected to have mentioned the said fact. If it would have been reasonable to have mentioned the fact at the time of the interview - an inference will be generated.

Answer 26

ANSWER: Factors include: * The suspect's fitness; * Whether the suspect could be expected to immediately recollect the fact; and * The adequacy of disclosure. Poor legal advice will NOT prevent the drawing of an adverse inference from silence.

Answer 27

The arresting officer must have seen the person arrested at the scene with their own two eyes.

Answer 28

ANSWER: The presence of either an: * Object; * Substance; * Mark; or * Mark on an object ...located either: * On their person; * In or on their clothing or footwear; * In their possession; or In any place where they are at the time of their arrest.

Answer 29

ANSWER: No - corroboration will be required in order to prove the case beyond reasonable doubt.

Answer 30

* Rest periods; * Risk assessments; * Transferring responsibility for the suspect at interview; * Pre interview disclosure; * Appropriate adults at interview; * Pre interview checks; and * Dealing with objections raised by suspects to conducting an interview.

Answer 31

The detainee in any 24 hour period - must be allowed a continuous period Of at least 8 hours rest free from either: * Questioning; * Travel; or * Interruption.

Answer 32

The rest period should normally be either: * At night; or * Other appropriate time - that takes into account of when the suspect last slept or rested.

Answer 33

Ground 1 — Fresh Rest Period When there are reasonable grounds for believing that delaying or interrupting the rest period would either: * Involve a risk of harm to people; * Involve a risk of serious loss or damage to property; * Delay unnecessarily the person's release from custody; or * Otherwise prejudice the outcome of the investigation. Ground 2 — No Fresh Rest Period At the request of the: * Detainee; * Appropriate adult; or * Legal representative. Ground 3 — No Fresh Rest Period When a delay or interruption is necessary to either: * Comply with the review duties; or * Take action in accordance with medical advice.

Answer 34

The 24 hour period begins from the time of arrest and not the time of arrival.

Answer 35

Who Shall Be Consulted? Prior to transferring responsibility to interview — the Custody Officer — in consultation With: * The officer in charge of the investigation * (OIC); and * Any appropriate health care professionals as necessary shall assess whether the detainee is fit enough to be interviewed.

Answer 36

2 Factors Considered? They will consider both: * The risks to the detainee's physical and mental state if the interview takes place: and * What safeguards are needed to enable the interview to proceed. NB - Vulnerable suspects will always be treated as being at some risk during interview. 2 Potential Risks If Interviewed? Risk I - The interview could significantly harm the detainee's physical or mental state. Risk 2 - Anything that they might say at interview regarding their suspected involvement in the offence might be considered unreliable because of their physical or mental state.

Answer 37

Factor 1 How the detainee's physical or mental condition may affect their ability to understand. * The nature and purpose of the interview; * Any questions posed: * The significance of any answers provided: and * Make rational decisions whether they want to say anything, Factor 2 The extent to which replies are affected by their condition. Factor 3 How the probing nature of the interviewing process might affect the detainee's condition.

Answer 38

Broad Remit The health care professional consulted must not just diagnose their condition - they should also perform 3 roles. Role 1 Quantify any risks - informing the Custody Officer: * Whether any treatment is necessary; * Whether their condition is likely to improve; and * How long it will take to improve. Role 2 Focus on whether, in the light of their condition - the detainee is fit for interview i.e. focus on their functional ability. Role 3 They must also advise on: * Whether an appropriate adult need be present; * Whether a further specialized opinion is necessary; and * Whether a further review of the person's fitness will be necessary - after a specified period of interviewing. Recording Obligations Any determinations or recommendations of a health care professional must be recorded in writing in the custody record.

Answer 39

Custody Officer's Decision Once the recommendation of a health care professional has been obtained - the Custody Officer must decide both: * Whether or not to allow the interview to proceed; and * Whether any safeguards are required to minimize any risks. Custody Officer's Power To Prevent The Interview? The Custody Officer shall net allow the interview to proceed if they consider that it would cause significant harm to the detainee's: * Physical state; or * Mental state.

Answer 40

The rules governing transferring responsibility for the suspect now differ depending on whether the interview shall be conducted either: * In person; or Via a live link.

Answer 41

The rules relating to transferring responsibility for a suspect for interview differ depending on whether the interview will be conducted either: * In person - where the interviewer and suspect are at the same police station; or * Via a live link * where the interviewer is not present at the same police station as the suspect

Answer 42

If a police officer wants to conduct either: * An interview; or * Enquiries which require the presence of the detainee the Custody Officer will be responsible for deciding whether to deliver the detainee into the Investigating Officer's custody.

Answer 43

The detainee is transferred to the Investigating Officer who: * Is given custody of the detainee; and * Takes over responsibility for their care and safe custody until they return the detainee to the Custody Officer.

Answer 44

The Investigating Officer must report how they complied with the Codes for the duration that they had custody of the detainee.

Answer 45

Requirements For Conducting A Live Link Interview? The interviewing officer who is not at the police station * is able to both: * See and hear; and * Be seen and heard .by: * The detainee; * The detainee's solicitor; * Any appropriate adult present: and * The officer who has custody Of the detainee.

Answer 46

Custody Officer's Responsibility The Custody Officer is responsible for deciding - on a case by case basis - whether a detainee is both: * Fit to be interviewed; and * Should be delivered into the physical custody of an officer who is not involved in the investigation... .for the purpose of enabling another officer who is both: * Investi atin the offence for which the person is detaine ; an * Not at the police station where the person is detained .to interview the detainee by means of a live link.

Answer 47

Factor 1 The Custody Officer rmjst be satisfied that the live link to be used provides for both. * Accurate; and * Secure .communication between: * The interviewing officer; * The suspect; and * Others present. Factor 2 The Custody Officer must take account of: * The suspect's: * Age; * Gender; and * Vulnerability * The nature and circumstances of both: * The offence. and * The investigation * The impact of conducting a live link interview on the suspect... . -and also consider whether the ability of the particular suspect to communicate confidently and effectively for the purpose of the intervtew - is likely to be either: * Adversely affected; * Undermined; or * Limited -if the interviewing officer is physically present and a five-link is used. Consultation Requirements The Custody Officer must following consultation with: * The interviewing officer. * Any solicitor present: or * Any appropriate adult present .make an assessment Of the detainee's ability to both: * Understand: and * Take part in the live link interview process - and must record the outcome of the assessment Factor 3 If the Custody Officer is satisfied that interviewing the suspect by means of a live link would either: * Adversely affect; * Undermine; or * Limit .the suspect's ability to communicate confidently and effectively for the purpose of the interview.. . the Custody Officer must so inform: * The suspect; * Any solicitor present; or * Any appropriate adult present and at the same time carry out 4 actions. Action 1 The operation of the live-link must be both: * Explained; and * Demonstrated .to them. Action 2 They must be advised Of the Chief Officer's obligations concerning the security of live-link communications. Action 3 They must be asked: * If they wish to make representations that the live-link should be used: or * If they require more information about the operation of the arrangements. Action 4 They must also be told that at any time live-link is in use - they may make representations to: * The Custody Officer. or * The interviewer .that its operation should cease and that the physical presence of the interviewer should be arranged.

Answer 48

At Which Point Can An Objection Be Raised? Representations can be made either: * Prior to the interview that a live-link should not be used to carry out the interview; or * During the interview -- that the live link interview should cease and the physical presence of the interviewer arranged.

Answer 49

If the Custody Officer - in consultation with the interviewer are unable to allay the concerns raised then: The live-link may not be used, or (as the case may be) continue to be used. unless authorised in writing by an officer of the rank of Inspector or above

Answer 50

The Inspector or above is satisfied that interviewing via a live link is both: * Necessary; and * Justified having regard to 5 factors. Factor 1 The nature and seriousness of the offence. Factor 2 The circumstances of the suspect. Factor 3 The requirements of the investigation, including its likely impact on both: * The suspect; and * Any victim(s). Factor 4 The representations made by: * The suspect; * Their solicitor, and * If applicable - their appropriate adult .that a live link should not be used. Factor 5 The impact on the investigation of making arrangements for the physical presence of the interviewer.

Answer 51

Both: * The officer iven custody of the detainee - who is present at t e same police station as the detainee; and * The interviewer - who is not present at the same police station as the detainee .take over responsibility for the detainee's: * Care; * Treatment; and * Safe custody until the detainee is returned to the Custody Officer — and also take over responsibility for compliance with the provisions of: * Section 11 of Code C; * Section 12 of Code C; and * Codes E & F . that govern the conduct and recording of the interview .and both: * The officer given custody of the detainee; and * The interviewer must upon return of the detainee to the Custody Officer - report the manner in which they complied with the Codes during period in question.

Answer 52

Step 1 The interviewer must direct the officer having physical custody of the suspect at the police station - to perform the actions which the interviewer would normally be required to take - if they were present at the police station on their behalf. Step 2 The officer having physical custody of the suspect at the police station must take the actions on behalf of the interviewer whether or not they have been so directed by the interviewer... .but in such a case - the officer present must inform the interviewer of the action taken. Step 3 During the course of the interview the interviewer and officer having physical custody of the suspect at the police station may consult each other as necessary to clarify any action to be taken and to avoid any misunderstanding. Such consultations must, if in the hearing of the suspect and any other person present with the suspect (for example, a solicitor, appropriate adult or interpreter) be recorded in the interview record.

Answer 53

An entry must be made in the custody record of: * Both: * The time that the detainee is not in the custody of the Custody Officer, and * The reason why? * Any reasons why the Custody Officer has refused to deliver the detainee into the custody Of the Interviewing Officer.

Answer 54

What Information Relating TO The Offence Shall Be Provided Prior TO Interview? Before a person is interviewed — both: * The suspect; and * Their solicitor — (if legally represented) must be given sufficient information to enable them to understand both. * The nature of tho offence; and * Why they are suspected of committing the offence ...in order to allow for the effective exercise Of their rights Of defence... What Information Need Not Be Provided? . but: * There is no requirement to disclose details which at the time might prejudice the investigation; and * The decision what needs to be disclosed rests with the investigating officer - who has sufficient knowledge of the case to make a decision Recording Obligations In Relation To The Information Supplied? who discloses the information shall make a record * The information disclosed; and * When it was disclosed . .in either: * The interview record: * The officer's report book: or * Other form provided for this purpose.

Answer 55

General Rule Either * Juvenile ; or * Vulnerable person .must 09! be: * Interviewed; * Asked to provide or sign a written statement under caution; or * Asked to sign a record of interview ...in the absence of their appropriate adult. Exception unless both: * There are exceptional circumstances that justify an uraent interview due to the presence Of an ongoing PAVER trigger; and * An officer of the rank of Superintendent or above has authorised.

Answer 56

Information To Be Supplied To The Appropriate Adult? The appropriate adult shall be informed that: * They are not expected to simply act as an observer, * They are there to: * Advise the suspect; * Observe whether the interview is being conducted properly and fatrly. and * Facilitate communication With the suspect

Answer 57

Prohibited Actions That Will Justify The Exclusion Of The Appropriate Adult From Interview? If the appropriate adult's approach or conduct is such that the interviewer is unable to either: * Put questions to the suspect; or * Record the suspect's responses .the interview can be stopped and authority sought to exclude the appropriate adult. Rank Of Officer Who Will Authorise The Exclusion? * General Rule - Superintendent or above - if available * Exception - Inspector or above who is unconnected to the investigation. Action To Be Taken By The Authorising Officer? * Remind the appropriate adult of their role and allow them to respond; * Decide whether to exclude the appropriate adult; and * If excluded — delay the interview until a replacement appropriate adult attends unless an urgent interview situation has arisen.

Answer 58

Interviewing Officer

Answer 59

Check 1 An interview room is available which: * Has a seat - (the suspect shall not be required to stand when interviewed or making a statement); * Is adequately lit, heated and ventilated. Check 2 The detainee is clothed to a reasonable standard of comfort and cleanliness. If the clothing (or lack of it) degrades the suspect — this can lead to the exclusion of confessions under section 76 PACE 1984. Check 3 That there are sufficient recording media. Check 4 That the notice is available to be handed to the suspect at the end of the interview — which specifies: * How the recording shall be used; * The arrangements for accessing the recording; and * That if the suspect is charged - they will be provided with a copy as soon as is practicable.

Answer 60

No Whilst the suspect's right to silence is preserved by the CJPOA 1994 - the suspect's consent is not required to record an interview.

Answer 61

If the suspect takes steps to either: * Prevent them being questioned; or * Continue to be questioned .then the following steps shall be taken.. Step 1 The suspect shall be advised that their consent is not required. Step 2 The suspect shall be cautioned. Step 3 The suspect shall be informed that: * If they refuse to co-operate the interview can take place in their cell; and * Their refusal can be given in evidence - (generating an adverse inference). Step 4 The suspect will then be invited to: * Co-operate; and *Go to the interview room.

Answer 62

* The detainee continues to refuse to go into or remain in a suitable interview room; and * The Custody Officer considers on reasonable grounds that the interview should not be delayed .the interview may (at the Custody Officer's discretion) be conducted in a cell.

Answer 63

Change 1 There is new guidance on the types of authorised recording devices which - if authorised by the Chief Officer can to be used to audio record suspect interviews for all offences. Categories Of Authorised Recording Devices * Audio recording using a removable recording media device; * Audio recording using a secure digital recording network device; or * Audio recording with simultaneous video recording Change 2 The introduction of a general rule — that whenever: * A suitably compliant authorised recording device in working order is available; and * A suitable location to use the device is also available . .an authorised recording device must be used to conduct the interview for any type of offence. Change 3 That the authorised recording device will audio record the whole interview. Change 4 There is a category of authorised recording device that can additionally visually record the interview with sound if so this comprises: * The audio recording made in accordance with Code E; * Together with a simultaneous visual recording. * The fact that there is no obligation to additionally make a visual recording. * Code F provides guidance on the circumstances in which it will be appropnate to additionally visually record the interview. * If the interview is to be visually recorded — additional procedures are specified in Code F. Change 5 That the interview may only be recorded via a written interview record if any of 3 exceptional circumstances apply. Change 6 The criteria determining who may perform the role of relevant officer — which will vary depending on: * The category of offence; * Whether the suspect has been arrested or is a volunteer; and * Where the interview takes place.

Answer 64

The relevant officer deals with decisions whether to either: * Additionally visually record the interview with sound over and above the general requirement that the interview; or * Depart from the general requirement that the interview be recorded via an authorised recording device and record the interview in writing instead.

Answer 65

Whether the suspect is: * Arrested. or * A volunteer. Their location — i.e. either: * At a police station: or * Away from a police station The category of the offence — i.e. either. * Summary: or * Indictable.

Answer 66

General Rule — Sergeant Or Above The role of relevant officer for volunteers to be interviewed in respect of an indictable offence away from a police station — shall be performed by a Sergeant or above. Exception — Interviewer The interviewer can perform the role of relevant officer for volunteers to be interviewed in respect of an indictable offence - away from a police station only if: * The indictable offence falls into any of 3 categories (or attempts to commit such offences); and * 3 additional steps are all satisfied.

Answer 67

3 Categories * Possession Of Herbal Cannabis, Cannabis Resin Or Khat For Personal Use: * Low Value Retail Theft Shoplifting By Non Employees; and * Low Value Criminal Damage By Non Employees. Category I - Possession Of Herbal Cannabis, Cannabis Resin Or Khat For Personal Use Possession of a controlled drug contrary to section 5(2) of the Misuse of Drugs Act 1971 - if the drug is either: * Herbal cannabis; * Cannabis resin; or * Khat... .and a police officer who is experienced in the recognition of the physical appearance, texture and smell of such drugs - is able to say that the substance which has been found in the suspect's possession: * Is such a drug; and * The quantity of the substance found is consistent with personal use by the suspect; and * The quantity does not provide any grounds to suspect an intention to supply others. Category 2 - Low Value Retail Theft — Shoplifting By Non Employees Retail theft (shoplifting) contrary to section I of the Theft Act 1968 — if it appears to the officer: * Th t the value of the property stolen does not exceed E 100 inclusive of * That the stolen property has been recovered and remains fit for sale * unless tho item stolen composed drink or food and have been consumed, andS * That the person suspected of stealing the property is not employed (whether paid or not) by the person, company or organisauon to which the property belongs Category 3 - Low Value Criminal Damage By Non Employees Criminal damage to property contrary to section 1 (1) of the Criminal Damage Act 1971 — if it appears to the officer: * That the value of the criminal damage does not exceed E300; and * That the person suspected of damaging the property is not employed (whether paid or not) by the person. company or organisation to which the property belongs

Answer 68

Step 1 The person suspected of committing the offence: * Appears aged 18 or over. * Is not suspected to be a vulnerable person; * Does not appear to be unable to understand what is happening because of the effects of drink, drugs or illness. ailment or condition * Does not require an interpreter: and * Their arrest is not necessary - in order to investigate the offence. Step 2 It appears that the commission of the offence — has not either. * Resulted in any injury to any person; * Involved any realistic threat or risk of injury to any person; and * Caused any substantial financial or material loss to the private property of any individual. Step 3 The person is not being interviewed about any other offence.

Answer 69

An accurate record must be made of each interview (whether or not the interview takes place at a police station) — either: * On proscribed forms; * In the interviewer's report book: or * In accordance with Codes E & F.

Answer 70

The interview record must state: * The location of the interview; * The start and end times; * Any interview breaks: and * The names of all present — unless providing would place them in danger If so * warrant or identification number and station instead.

Answer 71

Whenever an officer wishes to conduct under caution - either: * An interview prior to charge; * A post charge interview; or * The post charge notification of either a written statement or interview of another person... ..of either. * A person under arrest; or * A volunteer.. ..in relation to either: * A summary offence; * An either way offence; or * An indictable offence... .then if both: * An authorised recording device -- is in working order, and * An interview room or other location that is suitable for an authorised recording device to be used is available .then there are 2 consequences. Consequence 1 — The General Rule The whole of the activity: * Must be audio recorded; and * May additionally be simultaneously visually recorded .via an authorised recording device. Consequence 2 — The Exception The whole of the activity may only be recorded in writing if any of 3 exceptional circumstances apply.

Answer 72

The interviewing officer shall: * Always carry out the steps for an audio recorded interview; and * If the interview is also to be simultaneously visually recorded - carry out additional bolt on steps outlined in Code F Paragraphs 2.5 -- 2.9.

Answer 73

What Devices Can Be Used To Audio Record The Interview? An audio recording of an interview can be conducted using either: * A removable recording media device; or * A secure digital recording network device .and the procedural steps to be followed will differ slightly depending on which of the devices are used.

Answer 74

When the suspect is either: * Brought into the interview room; or * Arrives at the location where an interview will take place .the interviewer shall: * Without delay; and * In the suspect's sight. Removable Recording Media * Unwrap or open the new recording media; * Load the recording device with the new recording media; and * Set it to record. Secure Digital Recording Network * Switch on the recording equipment; and * Start recording.

Answer 75

Action 1 The interviewer must point out the sign or indicator that shows that the recording equipment is activated and recording. Action 2 The interviewer must tell the suspect that the interview is being audibly recorded using an authorised removable recording media / secure digital recording network device. Action 3 The interviewer must outline the recording process describing how the device is operated and how recordings are made. Action 4 The interviewer must ask the suspect and any other persons present to identify themselves. Action 5 The interviewer must give their and any other interviewer present's name and rank unless they reasonably believe that recording or disclosing their name might place them in danger if so provide warrant or ID numbers and the name of their station. Action 6 The interviewer must state the: * Date; * Commencement time; and * Location .of the interview. Action 7 The interviewer must tell the suspect that: * If they are charged or informed that they will be prosecuted * they Will be given a copy of the recording of the interview *n the event'. * If they are not charged or informed that they will be prosecuted — they Will only be given a copy — if it is agreed by the police or a court order is made: and * That at the end of the interview they will be given a notice — explaining the*r right to a copy of tho recording and what Will happen to the recording. Action 8 If the interview room or other location where the interview takes place is equipped with facilities that enable audio recorded interviews to be remotely monitored as they take place — the interviewer must ensure that: * The suspect, their legal representative and appropriate adult are made fully aware, and * There is no possibility of privileged conversations being listened to.

Answer 76

Safeguard 1 The remote monitoring system should only be able to operate when the audio recording device has been turned on. Safeguard 2 The system should incorporate a light, that is clearly visible to all in the interview room which automatically illuminates as soon as the remote monitoring is activated. Safeguard 3 Interview rooms fitted with a remote monitoring system must contain a prominently displayed notice explaining the presence of the system and the fact that the warning light will illuminate whenever monitoring is taking place. Safeguard 4 At the start of the interview the interviewer must explain whilst audio recorded the contents of the remote monitoring notice to the suspect and any others present i.e. solicitor / appropriate adult. Safeguard 5 Any remote monitoring of the interview must be recorded in either: * The custody record - (for detainees); or * The interviewer's pocket book - (for volunteers). Safeguard 6 The record must include: * The names of the officer's monitoring; and * The purpose of the monitoring.

Answer 77

Timing Of The Caution? The interviewer shall caution the suspect before being asked any questions about the offence.

Answer 78

Timing Of The Reminder To Legal Advice? Immediately prior to either: * The commencement; or * The re-commencement... ..of an interview - at either: * A police station * Other authorised place of detention.. .both: * The interviewer shall remind the suspect of their right to legal advice; and * If requested - the interview shall be delayed for legal advice to be obtained... unless either: * Incommunicado delay to legal advice; or * Urgent interview prior to the arrival of the solicitor requested.

Answer 79

Request For Consent To Proceed The suspect must be asked to confirm that they agree to the voluntary interview proceeding.

Answer 80

Definition Of A Significant Statement A statement will be significant if it will be capable of being used in evidence against the suspect in particular a direct admission of guilt. Definition Of A Significant Silence A significant silence is a failure or refusal to answer a question satisfactorily when under caution - which might allowing for the restriction on drawing adverse inferences from silence give rise to an inference under CJPOA 1994. 2 Steps To Be Satisfied For A Statement Or Silence To Be Significant? * The statement or silence must be significant in nature - i.e. it must be capable of being used in evidence against the suspect. * The statement or silence must be made in the hearing or presence of either: * A police officer; or * Other police staff. At Which Point Must The Significant Statement Or Significant Silence Be Put To The Suspect? At the beginning of the interview - after the suspect has been cautioned the interviewer shall carry out 2 steps. Step 1 Put to the suspect any: * Significant statement; or * Significant silence; before the start of the interview - which have not been put to the suspect in the course of the previous interview. Step 2 Ask the suspect: * To confirm or deny their statement or silence; and * Add anything they wish. Revisiting The Significant Statement or Silence There is nothing to prevent the interviewer putting the significant statement or silence to the suspect again at a later stage or during a further interview.

Answer 81

Action To Be Taken? Any person entering the interview room after the interview has commenced will be invited by the interviewer to both: * Identify themselves; and * State their reason for entering the interview room.

Answer 82

Facts To Be Audio Recorded When A Break Is Taken? * The fact the break is taken; * The reason for the break; and * The time of the break. Further Action? The further action taken depends on the recording media used.

Answer 83

Suspect Vacates Interview Room If the suspect vacates the interview room then: * The recording media shall be removed from the recorder; and * The procedure for the conclusion of the interview shall be followed. Short Breaks When The Suspect & Interviewer Remain In The Room * The recording may be stopped; * There is no need to remove the recording media; * The interview shall recommence on the same recording media; and * The time of recommencement shall be audio recorded.

Answer 84

Action Taken? Both: * The recording shall be stopped; and * The procedure for the conclusion of the interview shall be followed. Action Upon Recommencement? When the interview recommences: * Follow the procedure for commencing the interview to create a new file to record the continuation of the interview; and * The time of recommencement shall be audio recorded.

Answer 85

Step 1 The interviewer must remind the suspect of their right to legal advice if they have not exercised it. Step 2 The interviewer must remind the suspect that they remain under caution and if in any doubt re-caution in full again. Step 3 The interviewer shall: * Consider summarising on the record - the reason for the break; and * Confirm the reason to the suspect.

Answer 86

Meal Breaks Duration — At Least 45 Minutes Meal breaks from interviewing - should be made at: * Recognised meal times; or * Other times that take account of when the interviewee last had a meal. Short Refreshment Breaks Duration — At Least 15 Minutes Short refreshment breaks shall be provided at approximately 2 hourly intervals.

Answer 87

When Will The Interviewer Exercise Their Discretion To Delay The Short Refreshment Break? If they have reasonable grounds to believe that taking the break at that point would involve the of any of 4 consequences arising. 4 Risks * A risk of harm to people; * Serious loss of or damage to property; * An unnecessary delay to the suspect's release; or * Otherwise prejudice the outcome of the investigation. Action TO Be Taken TO Compensate For Delaying A Short Refreshment Break? If the interviewer: * Delays a break; and * Prolongs an interview .a longer break should be provided thereafter.

Answer 88

Grounds? If there is to be: * A short interview; and * Another short interview is contemplated * the length of the break may be reduced if there are reasonable grounds to believe this is necessary to avoid any of the same 4 consequences.

Answer 89

When Will It Be Necessary To Take Action? If in the course of an interview - either: * A complaint is made by or on behalf of the person being questioned - concerning the provisions Of the Codes; or * It comes to the interviewer's notice that the person has been treated improperly. Who Shall Take Initial Action? . .the interviewer should both: * Record the complaint in the interview record; and * Inform the Custody Officer.. Must The Recording Be Stopped? There is no need to stop the recording to inform the Custody Officer the recording should be kept running until the Custody Officer has entered the interview room and spoken to the suspect. Who Will Take Follow Up Action? The Custody Officer must both: * Report the matter ASAP to an Inspector or above not connected with the investigation; and * If the complaint relates to a possible assault or unreasonable force - an appropriate health care professional must also be called ASAP.

Answer 90

Initial Action? If the interview media or recording equipment fails: * The interview shall be stopped immediately; and * Further action will depend on the extent of the damage. Content Still Accessible Where part of the interview is still accessible on the media: * That part shall be copied and sealed in the suspect's presence as a master copy; and * The interview recommenced using new equipment or media. Content Lost In Entirety Where the content has been lost in entirety * The media shall be sealed in the suspect's presence; and * The interview begun again.

Answer 91

Removable Recording Media Used Inserting a new recording media the interviewer shall follow the procedure for changing the recording media using either: * The same device; or * A replacement device. Secure Digital Recording Network Commencing a new secure digital network recording using either: * The same device: or * A replacement device .the interviewer shall follow the procedure for taking a break during interview.

Answer 92

2 Steps When the interview is resumed the interviewer shall both: * Explain what happened; and * Record the time that the interview recommences.

Answer 93

First Resort If it is not possible to rectify the fault with the type of recording media initially used the interview should be audio recorded using either.. Removable Recording Media Broken secure digital network recording network device if the equipment is available. Secure Digital Recording Network Broken Removable recording media if the equipment is available. Last Resort If such equipment is not available the interview may continue and be recorded in writing as directed by the relevant officer.

Answer 94

Initial Action By The Interviewer? Where the recorder shows that the recording media only has a short time left to run the interviewer shall: * Inform the person being interviewed; and * Round off that part of the interview. Follow Up Action By The Interviewer? The interviewer shall: * Remove the recording media from the recorder; * Immediately mark the removed recording media with an identification number; * Unwrap. open and insert a new recording media in the suspect's presence; and * Set the recorder to record. Can The Suspect Be Left Unattended? No If the interviewer needs to leave the interview room to collect the replacement recording media the suspect must not be left unattended.

Answer 95

When Must An Interview Be Concluded? An interview must cease when the following 5 factors have been satisfied... Factor 1 The Officer In Charge of the Investigation is satisfied that all relevant questions have been posed. Factor 2 The Officer In Charge of the Investigation is satisfied that the suspect has been given the opportunity to provide an innocent explanation. Factor 3 The Officer In Charge of the Investigation is satisfied that any explanation provided has been tested to ascertain its accuracy and reliability. Factor 4 The Officer In Charge of the Investigation has taken account of any other available evidence. Factor 5 The Officer In Charge of the Investigation * (volunteers); or the Custody Officer * (detainees) believe there is sufficient evidence to provide a realistic prospect of a conviction. NB not when there is merely sufficient evidence to prosecute Prouse v DPP (1999) All ER (D) 748

Answer 96

Concluding Questions? At the conclusion of the interview the suspect shall be both: * Offered the opportunity to clarify anything they have said; and * Asked if there is anything they want to add. Procedure To Be Followed? Depends on the nature of the audio recording media used.

Answer 97

Step 1 The time shall be recorded. Step 2 The recording shall be stopped. Step 3 The interviewer shall seal the master recording with a master recording label. Step 4 The interviewer shall sign the label. Step 5 The interviewer shall ask: * The suspect; and *All third parties present .to sign the label. Step 6 If anybody requested refuses to sign the label — then either: * Detainees — an Inspector or above - or if unavailable the Custody Officer; or * Volunteers a Sergeant .shall be called to the interview room and asked to sign the label. step 7 The suspect shall be handed a notice which explains: * How the audio recording will be used; * The arrangements to access it; and * That if they are charged or informed that they will be prosecuted -- a copy of the audio recording Will be supplied ASAP or as otherwise agreed between the suspect and the police or on the order of a court.

Answer 98

Step 1 The time shall be orally recorded. Step 2 The suspect shall be handed a notice which explains: * How the audio recording will be used, * The arrangements to access it; and * That if they are charged or informed that they will be prosecuted — they Will be given access to the recording 01ther electronically or by betng gtven a copy on removable recording media — or as otherwise agreed between the suspect and the police or on the order of a court. Step 3 The suspect will be asked to confirm that they have received a copy of the notice. Step 4 If the suspect fails to accept or refuses to acknowledge receipt Of the notice -- the interviewer Will state for the recording that: * A copy of the notice has been provided to the suspect; and * The suspect's failure or refusal to acknowledge receipt. Step 5 The interviewer shall ensure that the interview record is saved to the device in the presence of the suspect and any third party present and notify them accordingly. Step 6 The interviewer shall explain that the record will be transferred securely to the remote secure network file server. Step 7 If equipment is available to do so there and then carry out the transfer in the suspect's presence (but if done later record the time and place). Step 8 Inform the suspect that the interview is terminated.

Answer 99

* That the interview has taken place; * That it was audibly recorded; * The date it took place; * The time it commenced; * The duration; * The identification number, filename or reference of the (master) recording.

Answer 100

Who Is Responsible For Making Arrangements For The Security Of Master Recordings? The officer in charge of the police station where the interviews are recorded shall be responsible for: * Keeping master recordings secure; and * Accounting for the movement of master recordings.

Answer 101

Do Police Officers Have Authority To Break The Seal Of The Master Recording? No CPS Representative's Presence Required The police officer shall arrange for the seal to be broken in the presence of a representative of the CPS. Who Else Can Be Present? Both: * The defendant; and * Their legal representative .shall be: * Informed; and * Given a reasonable opportunity to be present. Who Re-Seals & Signs The Master Recording? If the defendant or their legal representative: * Is in attendance — they shall be invited to re-seal and sign; or * If either refuses or neither is present — the CPS representative will re-seal and sign.

Answer 102

Who Is Responsible For Establishing Arrangements For Breaking The Seal? The Chief Officer of Police. Who Shall Be Present? - General Rule A representative of each party must be given a reasonable opportunity to be present when: * The seal is broken; and * The master recording copied and re-sealed unless 2 steps are both satisfied. Exception — Step 1 It is necessary to break the master copy seal for the proper and further investigation of either: * The original offence; or * Some other offence. Exception — Step 2 The officer in charge of the investigation (OIC) has reasonable grounds to suspect that allowing an opportunity to be present might either: * Prejudice the investigation; or * Endanger any person. What If A Party Is Not In Attendance? If a party is not in attendance - because either: * They cannot be contacted; * They refuse to attend; * The exception above applies... .then arrangements shall be made for: * An independent person - such as a custody visitor to be present; and/or * The procedure to be visually recorded.

Answer 103

Saving The Recording * The recordings are first saved locally on the device before being transferred to the remote network file server system. * The recording remains on the local device until the transfer is complete. Access To Recordings Access to interview recordings including copying to removable media must be strictly controlled and monitored to ensure that access is restricted to those who have been given specific permission to access for specified purposes when this is necessary.

Answer 104

The authorised recording device used: * Incorporates a camera; * Creates a simultaneous combined audio and visual recording. and * Shows: * The suspect: * The interviewer. and * Those in whose presence the interview is recorded

Answer 105

The media does not allow the visual recording to operate independently of the audio recording.

Answer 106

No - there is no statutory obligation to do so.

Answer 107

The relevant officer.

Answer 108

Situation 1 The suspect * who is either: * Arrested; or * A volunteer requires an appropriate adult. Situation 2 Either: * The suspect; * Their solicitor; or * Their appropriate adult requests that the interview be visually recorded. Situation 3 Either * The suspect; or * Other person whose presence is necessary ...is ether: * Deaf; * Deaf/blind; or * Speech impaired ...and uses sign language to communicate. Situation 4 The interviewer anticipates that during the interview — they will invite the suspect to either: * Demonstrate their actions or behaviour at the time; or * Examine an object or item handed to them. Situation 5 The officer in charge of the investigation (OIC) believes that a visual recording with sound will assist in the conduct of the investigation.

Answer 109

Steps To Follow? When additionally simultaneously visually recording the interview -- it is necessary to: * Follow all of the basic procedure steps that are applicable to audio recorded interviews; and * Follow a number of additional "bolt on" steps which address the visual element of the recording.

Answer 110

Action Prior To The Commencemen Of The Visual Recording Before the visual recording commences the interviewer must both: * Inform the suspect that a visual recording is being made; and * Explain the visual and audio recording arrangements. Making The Appropriate Adult Aware If the suspect is either: * A juvenile; or * A vulnerable person .then the information must be either: * Provided; Ot * Repeated . in the presence of their appropriate adult,

Answer 111

The Scope Of The Visual Recording? The device used to make the visual recording must ensure that during the interview - coverage of as much of either: * The interview room; or * The location where the interview takes place ..as is practically possible to achieve.

Answer 112

Where disclosing an officer's or police staff's identity would place them in danger then both: * The officer or police staff may have their backs to the visual recording device; and * Prior to supplying the suspect with a copy of the recording -- the investigating officer may arrange for the concealment of anything in the recording that might identify an officer or police staff.

Answer 113

Exception 1 The activity will be permitted to be recorded in writing - if either: * An authorised recording device in working order - is not available; or * An authorised recording device is available — but a suitable interview room or other location to use the device is not available.. .and the relevant officer considers on reasonable grounds that the proposed activity — should not be delayed until both: * An authorised recording device is in working order; and * A suitable interview room or other location becomes available. Exception 2 * Either: * Suspect; or * Their appropriate adult objects to the interview being audibly recorded... .and the relevant officer after having regard to both: * The nature; and * The circumstances .of the objection decides that a written record shall be made. Exception 3 * The detainee refuses to either. * Go into; or * Remain ...in a suitable interview room... .and the Custody Officer directs that both: * The interview shall be conducted in the cell: and * An authorised recording device cannot be safely used in a cell.

Answer 114

General Rule — During The Interview Any written interview record must be both. * Made; and * Completed .during the interview.. Exception — After The Interview ..unless this would either: * Not be practicable; or * Would interfere with the conduct of the interview. If so -- complete ASAP after the conclusion of the interview giving reasons for the delay.

Answer 115

Contents? The written interview record must consist of either: * A verbatim account of the interview; or * An account which adequately and accurately summarises the interview .and must be timed and signed by the maker.

Answer 116

Who Shall Be Provided With The Opportunity TO Endorse The Interview Record? The following persons: * Suspect; * Solicitor if present; and * Appropriate adult -- if present. Opportunity? They shall unless it is impracticable be given the opportunity to read the interview record.

Answer 117

Option 1 - Agree Sign it as correct. NB if they either cannot read or refuse to read -- the senior interviewer present should read it to them If so - can sign by a mark. Option 2 - Disagree Indicate how they consider it inaccurate - and if so — the interviewer shall: * Record the details of the disagreement; * Ask the suspect to read the details and sign that this accurately reflects the disagreement; and * Any refusal to sign must be recorded.

Answer 118

Who Can Raise An Objection? Either. * The suspect; or * Their appropriate adult .can object to the interview being additionally visually recorded. At What Juncture Can They Raise An Objection? Either: * At the outset; * During the interview; or * During a break in interviewing Initial Action Taken By The Interviewer In Response? The interviewer shall explain: * The reasons for additionally visually recording the interview; and * That any objections must be recorded on the visual recording. Further Action Taken By The Relevant Officer In Response? Once either: * The objection has been visually recorded; or * The objecting party has refused to visually record their objection... . the relevant officer shall decide — having regard to both: * The nature; and * The circumstances .0f the objection -- whether the visual recording shall be turned off. Follow Up Action If The Relevant Officer Decides To Turn Off The Visual Recording? * The interviewer shall say that they are turning off the visual recording; * The audio recording shall continue; and * The interviewer shall ask the person to record their objections to the interview being visually recorded on the audio recording. Follow Up Action If The Relevant Officer Decides TO Keep On The Visual Recording? The interviewer may proceed to question the suspect with the visual recording still on.

Answer 119

Who Can Raise An Objection? Either: * The suspect; or * Their appropriate adult scan object to the interview being audio recorded. At What Juncture Can They Raise An Objection? Either: * At the outset; * During the interview; or * During a break in interviewing Initial Action Taken By The Interviewer In Response? The interviewer shall explain: * That the interview is being audio recorded; and * That any objections must be recorded on the audio recording. Further Action Taken By The Relevant Officer In Response? Once either: * The objection has been audibly recorded; or * The objecting party has refused to audibly record their objection... .the relevant officer shall decide having regard to both: * The nature; and * The circumstances .of the objection whether: * The audio recording shall be turned Off; and * A written recording of the interview be made instead. Follow Up Action If The Relevant Officer Decides To Turn Off The Audio Recording? * The interviewer shall say that they are turning off the audio recording; and * A written record shall be made of the interview. Follow Up Action If The Relevant Officer Decides To Continue With The Audio Recording? The interviewer may proceed to question the suspect with the audio recording still on.

Answer 120

General Rule Cannot After either: *Informed that they may be prosecuted; or *Charged. Exception Can * If the interview is necessary.

Answer 121

To prevent or minimise harm or loss to: * Some other person; or * The public.

Answer 122

To clear up an ambiguity in a previous: * Statement; or * Answer.

Answer 123

In the interests of justice for the detainee to have put to them and the opportunity to comment on, information concerning the offence that has come to light since they were either charged or informed that they might be prosecuted.

Answer 124

Modified caution

Answer 125

General Rule Cannot Exception Can provided both: * There are exceptional circumstances; and * The principal or their nominee agrees to the arrangement.

Answer 126

Every effort should be made to notify both: The person responsible for the juvenile's welfare An appropriate adult —who must be given time to attend.

Answer 127

Can Where waiting for the parent to attend would cause an unreasonable delay to the investigation. Cannot Offence committed against the educational establishment.

Answer 128

* Category 1 - Statements written by the person making the statement under caution; and * Category 2 - Statements written by a police officer or other police staff on behalf of the person under caution.

Answer 129

Category 1 — Code C Annex D(a) Statements written by the person making the statement under caution. Category 2 — Code C Annex D(b) Statements written by a police officer or other police staff on behalf of the person making the statement under caution.

Answer 130

A person shall always be invited to write down what they want to say.

Answer 131

Before writing down what they actually want to say... .the person will be asked to write down confirmation that they understand the evidentiary implications of what they will be saying in their written statement — i.e. that they understand that they do so under caution.

Answer 132

The exact wording that they will be asked to write down before they say what they want to say - will depend on 2 factors... Factor 1 The juncture of the criminal investigative process at which they make the written statement under caution. Factor 2 Whether at that juncture the restriction on drawing adverse inferences from silence under Code C Annex C applies. Put simply — whether at that juncture legal advice is being legitimately withheld against their wishes or it is a post charge situation.

Answer 133

If a person who has not been either: * Charged; or * Informed that they Will be prosecuted .for any offence to which the statement they want to write relates. . both. * Asks to make a statement; and * Wants to write it *they shall be asked to: * Write out; and * Sign ..the following - before writing what they want to say Circumstances In Which The Restriction On Drawing Adverse Inferences Does Not Apply At That Juncture "l make this statement of my own free will. I understand that I do not have to say anything — but that it may harm my defence if I do not mention when questioned something which / later rely on in court. This statement may be given in evidence. " Circumstances In Which The Restriction On Drawing Adverse Inferences Does Apply At That Juncture "I make this statement of my own free will. I understand that I do not have to say anything. This statement may be given in evidence. "

Answer 134

If a person who has not been either: * Charged; or * Informed that they Will be prosecuted . for any offence to which the statement they want to write relates.

Answer 135

When a person on the occasion of being either: * Charged; or * Informed that they Will be prosecuted . for any offence to which the statement they want to write relates. .both. * Asks to make a statement; and * Wants to write it -they shall be asked to: * Write out; and * Sign ..the following - before writing what they want to say Circumstances In Which The Restriction On Drawing Adverse Inferences Does Not Apply At That Juncture "l make this statement of my own free will. I understand that I do not have to say anything — but that it may harm my defence if I do not mention when questioned something which / later rely on in court. This statement may be given in evidence. " Circumstances In Which The Restriction On Drawing Adverse Inferences Does Apply At That Juncture "I make this statement of my own free will. I understand that I do not have to say anything. This statement may be given in evidence. "

Answer 136

When a person who has already been either: * Charged; or * Informed that they Will be prosecuted . for any offence to which the statement they want to write relates. .both. * Asks to make a statement; and * Wants to write it *they shall be asked to: * Write out; and * Sign only the following - before writing what they want to say "l make this statement of my own free will. I understand that / do not have to say anything. This statement may be given in evidence. "

Answer 137

Any person writing their own statement — shall be allowed to do so without any prompting — except either: *A police officer; or *Other police staff... may both: *Indicate to them which matters are material; and *Question any ambiguity in the statement.

Answer 138

If a person says that they would like a person to write the statement for them (i.e. on their behalf) — either: *A police officer; *Other police staff ...shall write the statement.

Answer 139

Before the statement of what they want to say is written on their behalf. the person Will be asked to sign or make their mark confirming that they understand the evidentiary implications of what they will be saying in their written statement — i.e. that they understand that they do so under caution.

Answer 140

The exact wording of what they will be asked to sign or make their mark before what they want to say is written on their behalf - will depend on 2 factors... Factor 1 The juncture of the criminal investigative process at which the written statement under caution is made on their behalf. Factor 2 Whether at that juncture the restriction on drawing adverse inferences from silence under Code C Annex C applies. Put simply — whether at that juncture legal advice is being legitimately withheld against their wishes or it is a post charge situation.

Answer 141

If person who has not been either: * Charged; or * Informed that they Will be prosecuted .for any offence to which the statement they want made on their behalf relates. . both: * Asks to make a statement; and * Wants the statement to be written on their behalf .they shall be asked to either: * Sign; or * Make their mark .to the following - before starting to make their statement of what they want to say Circumstances In Which The Restriction On Drawing Adverse Inferences Does Not Apply At That Juncture "l (name) wish to make a statement. I want someone to write down what I say. I understand that / do not have to say anything— but that it may harm my defence if / do not mention when questioned something which I later rely on in court. This statement may be given in evidence. " Circumstances In Which The Restriction On Drawing Adverse Inferences Does Apply At That Juncture "I (name) wish to make a statement. / want someone to write down what I say. I understand that I do not have to say anything. This statement may be given in evidence, "

Answer 142

When a person — on the occasion of being either: * Charged; or * Informed that they Will be prosecuted .for any offence to which the statement they want made on their behalf relates. . both. * Asks to make a statement; and * Wants the statement to be written on their behalf .they shall be asked to either: * Sign; or * Make their mark . .to the following - before starting to make their statement of what they want to say. Circumstances In Which The Restriction On Drawing Adverse Inferences Does Not Apply At That Juncture "l (name) wish to make a statement. I want someone to write down what I say. I understand that I do not have to say anything— but that it may harm my defence if / do not mention when questioned something which I later rely on in court. This statement may be given in evidence. " Circumstances In Which The Restriction On Drawing Adverse Inferences Does Apply At That Juncture "I (name) wish to make a statement. / want someone to write down what I say. I understand that I do not have to say anything. This statement may be given in evidence. "

Answer 143

When a person who has already been either: * Charged; or * Informed that they Will be prosecuted .for any offence to which the statement they want made on their behalf relates to. . both: * Asks to make a statement; and * Wants the statement to be written on their behalf . they shall be asked to either: * Sign; or * Make their mark . to the following - before starting to make their statement of what tfiéFant to say "l (name) wish to make a statement. / want someone to write down what I say. I understand that I do not have to say anything. This statement may be given in evidence. "

Answer 144

The person making the statement: *Must take down the exact words spoken by the person making it; and *Must not edit or paraphrase. Both: *Any questions that are necessary; and *The answers given .must be recorded at the same time on the statement form.

Answer 145

When the writing of the statement on behalf of the person making it is completed... ...the person making the statement shall be asked to carry out 2 actions.. Action 1 Read the statement made on their behalf. Action 2 Make any: * Corrections; *Alterations; or *Additions .that they wish... and once finished — they shall be asked to either: *Write and sign; or *Make their mark on the following certificate at the end of the statement.. "l have read the statement above, and / have been able to correct, alter or add anything I wish. This statement is true. I have made it of my own free will. "

Answer 146

If the person making the statement either: * Cannot read, * Refuses to read the statement; or * Refuses to either write and sign or mark the certificate at the end of the statement ..the person taking the statement — shall carry out 4 actions in response... Action Read it to them. Action 2 Ask them if they would like to either: * Correct; *Alter; or * Acid anything. Action 3 Ask them to either: *Sign; or *Make their mark at the end. Action 4 Certify on the statement what has occurred in response.