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Flashcards in Interviews Deck (89)
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1
Q

I take a break in interview. What must i do when i restart?

A
  1. Remind suspect of caution or if in doubt re-administer
  2. Summarise reason for break
  3. Confirm reason with suspect
  4. Remind them of right to legal advice
2
Q

How often should breaks be taken from interviews?

A

2 hours

3
Q

Can you make sig statements to police staff?

A

Yes

4
Q

Can you give a special warning for items found during a house search?

A

They must be found on him or at the place of arrest

5
Q

Need you ever give a caution when asking about the ownership of a car?

A

Yes if the car is suspected to be stolen

6
Q

Suspect complains during interview that he is cold. What do i do?

A

Record in interview record and tell custody officer.

7
Q

If I conceal my identity in interview, where do I record what I have done? Is it only CT jobs?

A

Custody record or PNB. Any jobs/

8
Q

Must every interview be visually recorded?

A

The legislation says discretion but that a custody officer can authorise the interviewing officer not to visually record it if there is a failure in equipment or a suitable room is not available. Reasonable grounds that the interview should not be delayed.

Or where it is clear from the outset that no prosecution will ensue.

Or the suspect resists or refuses to go to a location where it can be visually recorded.

The decision not to visually record an interview may be the subject of comment in court.

9
Q

Do you HAVE to audio record summary offences?

A

No

10
Q

Do i take responsibility from the custody officer when i go and interview someone?

A

Yes and I must report how I complied with the codes when i return them

11
Q

What risk assessment must the custody officer run through before authorising a suspect to be interviewed?

A

They must ensure that the interview will not significantly harm the dp’s mental or physical state and such a state might result them in saying something at interview that is unreliable.

12
Q

How long is a dp’s rest period?

A

8 hours continuous rest free from questioning, travel or interruption during a 24 hour period which should normally be at night or another appropriate time that takes into account when the suspect last slept or rested

13
Q

Under what circumstances can i interview during a rest period?

A

RGB that it would involve a risk of harm to people or SERIOUS loss or damage to property.

Delay unnnecessarily the release of the suspect.

Otherwise prejudice the outcome.

Or at the request of the DP, AA or legal rep.

14
Q

If a DP’s rest period is interrupted, must they be allowed fresh rest period?

A

Yes if interrupted because you have RGB that there is a risk of harm/serious loss or damage to property or if delay would unnecessarily delay the release or prejudice outcome.

No entitlement to new rest period if it is at the request of the DP, AA or legal rep or if it relates to PACE reviews or medical advice.

15
Q

What happens if the suspect refuses to have the interview recorded?

A
  1. The suspect shall be advised that their consent is not required
  2. The suspect shall be cautioned
  3. They shall be informed that the interview can take place int heir cell and their refusal can be given in evidence (inference)
  4. They shall be invited to cooperate and go to the interview room
16
Q

What if the suspect refuses to be visually recorded but is happy for audio?

A

Record their objection and either turn off the visual recording or proceed if I reasonably consider it appropriate to do so.

17
Q

Must non recorded interviews be made contemp?

A

No - if it would not be practicable or it would interfere with the conduct of the interview.

It must be made asap after the interview and it should be verbatim or an accurate summary

18
Q

How long should a meal break last for?

Refreshment break?

A

45 mins and 15 mins

19
Q

when do i remove the disc during a break in interview?

A

If either i or the suspect leave the room. The disc stays in we both stay in the room.

20
Q

If both the suspect and interviewing officer remains in the room during a break, must the recorder be turned off?

A

Discretion

21
Q

Humss wants to complain about me and raises it during an interview. What do i do?

A

Record the complaint in the interview record and inform the custody officer.

I do not need to stop the recording to inform the custody officer. The recording should be kept running until the custody officer has entered the room and spoken to the suspect.

The decision to continue to terminate the interview is at the interviewing officer’s discretion pending action by the inspector. Custody officer has no decision to make.

If humza wants to continue, then i should inform the custody officer straight after net review.

22
Q

I interview Bremerton at his cell contemp. He refuses to read my summary. What do i do?

A

Read it to them.

Ask them to approve or highlight errors.

Ask them to sign/mark.

I record their response.

23
Q

Can i break open a master disc for trials or appeals?

A

No - it must be in company of CPS and the defendant and their legal time shall be informed and given reasonable opp to attend. If they are also in attendance, they should be invited to re seal and sign or otherwise CPS will re seal and sign.

24
Q

Can I break open a master disc for other cases not going to trial?

A

A rep of each party should be given a reasonable opp to be present unless it is both necessary and the OIC has grounds to SUSPECT that allowing that opportunity might either prejudice the investigation or endanger any person.

25
Q

What if i want to break open a master copy disc and the 3rd party refuses to attend?

A

Arrangements shall be made for an independent person such as a custody visitor to be present and/or film or photographs should be taken of the procedure.

26
Q

when can i interview someone post charge?

A
  • to prevent or minimise harm or loss to a person or the public
  • to clear up ambiguity in a previous statement or answer
  • in the interests of justice for the dep to have put to them and the opportunity to comment on, information concerning the offence that has come to light since they were charged or informed that they might be prosecuted
27
Q

What kind of caution is administered for post charge interviews?

A

Modified

28
Q

Detective Sergeant LANTZOS is carrying out an audio-recorded interview with a suspect for murder, and it is now a recognised meal time. The interview is almost complete, two hours after it started, and the suspect will be released on police bail at its conclusion.

A

The officer can carry on with the interview, recording the grounds for continuing the interview on the audio record, and then release the prisoner.

29
Q

Constable THOMPSON is interviewing a suspect regarding his involvement in a theft.

The suspect claims that he was assaulted by the arresting officer during the interview. What action should the officer now take?

A

The officer may continue with the interview; however, they must tell the suspect that the complaint will be brought to the attention of the custody officer at the conclusion of the interview.

If a suspect makes a complaint during an interview and that complaint is about a matter not connected with Code C, the decision to continue is at the interviewer’s discretion;

30
Q

DRURY has been arrested for a series of burglaries and has been in custody for some time and is being put into a rest period. After 2 hours his solicitor arrives and requests an urgent consultation with his client.

What happens to his rest period

A

He should get six hours of rest when he returns to his cell.

a detained person must have a continuous 8-hour ‘rest period’ while he or she is in detention; this period should normally be at night. The period should be free from questioning, travel or any interruption by police officers in connection with the case. The period may not be interrupted or delayed, except: If the period is interrupted in accordance with (a), a fresh period must be allowed. Interruptions under (b) and (c) do not require a fresh period to be allowed. The question relates to point (b) and therefore having had 2 hours’ rest before being interrupted, 6 more are allocated

31
Q

Part way through an interview and tapes fail. What do i do?

A

PC APPLETON should copy the tapes containing the five minute interview, seal them in McPHERSON’s presence, and recommence the interview from the point where the original tapes failed.

Where the interview is being recorded and the media or the recording equipment fails, the officer conducting the interview should stop the interview immediately. In a situation where the part of the interview is unaffected by the error and is still accessible on the media (as in this question) that media shall be copied and sealed in the suspect’s presence and the interview recommenced using new media (answer A). The interview does not begin all over again (answer B) unless the media has been destroyed so as to make it impossible to access it in any way. There is no requirement for the involvement of the custody officer or an officer of the rank of inspector or above in terms of signing the tapes

32
Q

MATHERN is 15 years old with a mental age of about 10 and has low IQ. He is accused of murder and his defence team has decided that he will not give evidence in his defence as he might find it difficult to do justice to himself in the witness box. The prosecution ask that adverse inferences are drawn from this refusal to give evidence.

Given his age and mental health, can inferences be drawn.

A

Inferences may be A drawn as it is not undesirable for MATHERN to give evidence. Section 35 of the Criminal Justice and Public Order Act 1994 provides that inferences can be drawn from an accused’s failure to give evidence or refusal to answer any question, without good cause, where the person has been sworn. Section 35 states: (1) At the trial of any person for an offence, subsections (2) and (3) below apply unless—(a) the accused’s guilt is not in issue; or(b) it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence… In “R v Friend” [1997] 1 WLR 1433 (in considering s. 35(1)(b) of the Act), the accused was aged 15 with a mental age of nine and an IQ of 63. It was held that the accused’s mental condition did not make it ‘undesirable’ for him to give evidence and it was right that inferences be drawn under s. 35(3). Note that the scenario states the defence felt he would not ‘do himself justice’, not that he could not give evidence

33
Q

If I decide to continue to interview through a meal break, do I record it on the custody record or interview record?

A

Short breaks for refreshment must also be provided at intervals of approximately two hours. However, subject to the interviewing officer’s discretion, a break can be delayed if there are reasonable grounds for believing that it would: • involve a risk of harm to people, or serious loss of, or damage to, property; • delay unnecessarily the detainee’s release; • otherwise prejudice the outcome of the investigation. It is the officer’s choice and a break does not have to be taken (answers A and B are therefore incorrect). Any decision to delay a break during an interview must be recorded, with grounds, in the interview record (either on the written record, or on audio)

34
Q

Must we inform someone not under arrest that they may be prosecuted?

A

It is not mandatory to administer a caution but a failure to do so will prevent any section 34 adverse inference at trial.

35
Q

Can you ever give special warnings in the absence of AA’s for juveniles/mental health?

A

No - must be with AA present

36
Q

Must we record whether a caution has been administered during interview?

A

Yes either in interview record or interviewers PNB

37
Q

A suspects account at court has changed since the interview. We must now apply the reasonableness principle. What are the 3 factors?

A
  1. Whether the suspect was fit for interview
  2. Whether the suspect could have been expected to immediately recollect the fact at the time of the interview
  3. Whether there has been adequate disclosure for the solicitor
38
Q

When must we conclude an interview?

A

There is sufficient evidence to provide a realistic prospect of conviction for that offence if the person was prosecuted for it.

Paragraph 11.6 states that the interview shall cease if the investigating officer considers that: • all the questions relevant to obtaining accurate and reliable information about the offence have been put to the suspect, this includes allowing the suspect an opportunity to give an innocent explanation and asking questions to test if the explanation is accurate and reliable; • has taken account of any other available evidence; and • there is sufficient evidence to provide a realistic prospect of conviction for that offence if the person was prosecuted for it. The investigating officer shall then bring the detained person before the custody officer for charge. It is sufficient evidence to provide a realistic prospect of conviction, not prosecute; it does not mention admissible evidence;

39
Q

If a solicitor refuses to sign a interview label what happens?

A

If the suspect or third party refuses to sign it, an inspector, or if not available a custody officer, shall be called into the interview room and asked to sign it.

40
Q

If a solicitor refuses to sign an interview label at a non-designated custody and the inspector isn’t available, what happens?

A

If the suspect or third party refuses to sign it, an inspector, or if not available a custody officer, shall be called into the interview room and asked to sign it.

The inspector is not available so the custody officer should sign the seal and there is no need to seek any authority prior to doing so.

The interviewer has no further part to play where a third party refuses to sign the label.

41
Q

Two officers are interviewing a suspect. One interviewing officer leaves leaving the suspect and a detective in the room on their own. Should the discs be stopped or left running?

A

It “may” be turned off, because one of the interviewing officers has left the interview room.

When a break is to be a short one, and both the suspect and a police officer are to remain in the interview room, the fact that a break is to be taken, the reasons for it and the time shall be recorded on the recording media. The recording equipment may be turned off, but there is no need to remove the recording media. When the interview is recommenced the recording shall continue on the same recording media and the time at which the interview recommences shall be recorded.

There is no requirement to remove the recording media, because one of the officers and the suspect are still in the room, and there is no likelihood of it being interfered with.

Further advice is contained in Note 4E, which states that the officer: “should bear in mind that it may be necessary to satisfy the court that nothing occurred during a break in an interview or between interviews which influenced the suspect’s recorded evidence.” Note that in extended breaks, where the suspect leaves the interview room, the recording equipment “must” be turned off and the recording media removed.

42
Q

If there is a short break and both officer and suspect remain in interview room, do you continue on same discs?

A

When a break is to be a short one, and both the suspect and a police officer are to remain in the interview room, the fact that a break is to be taken, the reasons for it and the time shall be recorded on the recording media. The recording equipment may be turned off, but there is no need to remove the recording media. When the interview is recommenced the recording shall continue on the same recording media and the time at which the interview recommences shall be recorded.

43
Q

Can a suspect say a significant comment to police staff?

A

Yes

44
Q

If a victim is located on a suspects arrest for false imprisonment, is it an object that can be used for a special warning?

A

Yes - a person held against their will has been deemed to be an object in offences of kidnap, false imprisonment, child abduction and murder.

45
Q

McGUIGAN has been arrested and is about to be interviewed on audio. The custody officer tells McGUIGAN that his nominated solicitor refuses to attend, and asks if he wishes to nominate another solicitor or the duty solicitor.

However, McGUIGAN declines to ask for the duty solicitor or another solicitor. In the circumstances outlined above, can the audio-recorded interview proceed?

A

Yes, provided an officer of the rank of inspector has given agreement and the suspect agrees in writing.

Inspector has to agree - if the authority is not recorded in the custody record, the officer must ensure that the custody record shows the date and time of the authority and where it is recorded.

Suspect must be in writing.

46
Q

Constable CONWAY is interviewing a suspect suspected of theft. The officer has gained a significant amount of evidence and is wondering at what point in time the interview should be concluded.

When should the officer conclude the interview?

A

Where there is rpoc.

47
Q

You go in for a second interview, the solicitor is present again. Do you have to check they have had sufficient time with their solicitor?

A

No - you just have to remind them that they are entitled to free independent legal advice

48
Q

If a suspect now doesn’t want a solicitor having initially asked for one, we know an inspector must be called and must agree. What about the suspect?

A

They must also agree in writing.

49
Q

I caution a suspect in interview. I ask if the suspect has understood it. The solicitor pipes up and says he has explained the meaning of the caution to his client already. Must i explain it too or can i move on?

A

If it appears to me that he doesn’t understand the caution, I should go on and explain it otherwise crack on.

50
Q

What if the suspect leaves the interview during a break but the solicitor remains. Do we have to start new discs?

A

Yes

The recording media shall be removed and procedures for concluding the interview followed. Just think about suspect and police officers - solicitor is irrelevant.

51
Q

Who can a sig statement be made to?

A

Police officers and staff only. Must be relevant to offence.

Compared to confessions which can be made to anyone.

52
Q

Can you do an urgent interview for summary offences?

A

Yes

53
Q

Do i need authority to do an urgent interview away from custody?

A

No

In custody - yes - super.

54
Q

For a special warning, must the object have been found on them?

A

Or in their immediate proximity.

55
Q

Intelligence has been received in relation to drug dealing. Car pulled over and package seen on back seat. Can we ask what is in the package?

A

No - advanced intel.

If there wasn’t we can ask to assist in search.

56
Q

Must you always ask someone to endorse a significant comment?

A

Where practicable

57
Q

If someone is fleeing from a scene as the police pull up and is arrested, can you still do a special warning?

A

GREGAN was ‘found’ by Constable FARLEY at a place at or about the time the offence for which he was arrested was committed—the fact that he fled the scene does not discount that he was found at the scene. An inference may be drawn if he fails to account for his presence at the scene

58
Q

What should the certified recording material have superimposed on it?

A

Date and time of the interview

59
Q

I know that for case not going to trial, i can break open the interview discs. I also know that a representative of each party should be present. When can I prevent a rep from each party being present?

A

If I have RGS that allowing this might prejudice investigation or endanger any person.

60
Q

Can you give a special warning in post charge interviews?

A

Yes

61
Q

Can non police officers give a special warning?

A

Yes

62
Q

When considering adverse inferences, what factors should the court consider?

A

Defendant’s age, experience, mental capacity, state of health, sobriety, tiredness and personality.

63
Q

What four places can an object, mark or substance be found for a special warning?

A
  1. On their person
  2. In or on clothing/footwear
  3. Otherwise in their possession
  4. In the place arrested
64
Q

I know that if there is a break in the interview and the suspect has consulted with their solicitor again, i only need to remind them of their right to legal advice and not check whether they have had sufficient time. Do I need to remind them of anything else?

A

that the interview can be delayed for legal advice to be obtained

Even if the solicitor is there!

65
Q

If i take a break from interview and only remind them that they are under caution, is this acceptable?

A

Yes

If there is any doubt, the relevant caution should be given again in full when the interview resumes. The requirement is to remind the suspect and caution again only where there is doubt the suspect knows they are still under caution

66
Q

What is an unsolicited comment?

A

A comment implicating them in an offence before they are suspected of any involvement and before they are cautioned.

67
Q

What is the difference between section 36 and 37 for special warnings?

A

36 - marks and objects

37 - presence

68
Q

What must the interviewer record post interview?

A

They shall make a note in their PNB that the interview has taken place, that it was audio recorded, the time it commenced, its duration and the ID number of the master disc.

69
Q

If a suspect attends voluntarily and is arrested, when does their 24 hour rest period in which they should not be questioned, travelled or interrupted begin?

A

From the time of their arrest at the station.

70
Q

If a rest period is interrupted due to medical advice, are they entitled to a fresh period afterwards?

A

No

71
Q

If a rest period is interrupted due to RGB that it would delay the persons release from custody, will they get a fresh rest period?

A

Yes

72
Q

If there is a complaint during interview about the arresting we know that we can carry on interviewing and tell the custody officer after. What must the custody officer do?

A

Report the matter to an inspector or above not connected with the investigation.

If the complaint relates to a possible assault or unreasonable force, an appropriate health care professional must also be called ASAP. This is mandatory.

73
Q

If a suspect makes a complaint about PACE, should the interview be stopped immediately?

A

No tapes should remain running whilst a custody officer is sought.
Discretion of interviewer as to whether it continues or not.
If continued - the interviewer should tell DP that it will be brought to the custody officer’s attention after.

74
Q

To interview a DP during their rest period, is it RGS or RGB that one of the criteria are present?

A

Believe

75
Q

Do we have to believe there will be serious harm to interview during a rest period?

A

No just harm.

Serious loss/damage to property though.

76
Q

Do we have to believe that there will be serious loss or damage to property to interview through a rest period?

A

Yes serious only.

Doesn’t have to be serious harm to people, just harm.

77
Q

Under what circumstances do you not need to caution someone arrested?

A
  1. If it is impracticable to do so because of their condition or behaviour at the time or
  2. They have already been cautioned immediately prior to arrest
78
Q

What is a significant silence?

A

A failure or refusal to answer a question or answer satisfactorily when under caution, which might, allowing for the restriction on drawing adverse inferences from silence, give rise to an inference.

79
Q

If i do a written record of an interview but the suspect can’t read, what happens now?

A

The senior interviewer present shall read it to them and ask whether they would like to sign it as correct or makes their mark or indicate how they consider it inaccurate. The interview shall certify on the interview record itself what has occurred.

80
Q

Can I prompt a DP that is making a written statement?

A

No

Unless to indicate to them which matters are material or question any ambiguity in the statement.

81
Q

In addition to summary offences, it is not necessary to audio record interviews where the suspect has been detained on suspicion of committing which four offences?

A
  1. Possession of cannabis
  2. Possession of Khat
  3. Retail theft
  4. Criminal damage
82
Q

I know that there are four offences where we do not need to interview. What criteria is required to be met?

A
  1. Appears to be 18 or over
  2. Does not require an AA
  3. Appears to be able to appreciate the significance of questions and their answers
  4. Does not appear to be able to understand what is happening because of the effects of alcohol, drugs or illness
  5. Does not require an interpreter
83
Q

DP has been arrested on suspicion of retail theft. I know I do not need to audio record the interview. The suspect requires an interpreter. Do I now need to audio record it?

A

Yes

If they require an interpreter, are a juvenile, under effects of substance or illness or need an AA then it must be audio recorded.

84
Q

What happens if I am interviewing someone that has a hearing impediment?

A

Interpreter and make a written note of the interview at the same time as audio recording it.

85
Q

I know that an interview must cease where there is RPOC. Who decides whether there is a RPOC?

A

Voluntary interviews - interviewing officer

Custody - custody officer

86
Q

What must an interviewing officer record after interview and where?

A

In their PNB they should note:

  1. That an interview has taken place
  2. That it was audio recorded
  3. The time it commenced
  4. The duration
  5. The date and identification number of the master recording
87
Q

I know that after an interview, the interviewing officer must record details in his PNB. When must this be completed?

A

There is no time limit imposed.

88
Q

Is an article discarded 2 metres away found on arrest considered sufficient for a special warning?

A

Yes

89
Q

Must you summarise the reason for a break in the interview when you restart?

A

No

The officer should CONSIDER summarising.