Interviews Code C, E and F

Question 1

When must a Caution be administered?

Answer 1

When there are grounds to suspect a person has committed an offence

Question 2

What constitutes suspicion?

Answer 2

This is an objective test and an honest belief is not required.

However, there must be a real ground not a mere hunch

Question 3

What about if the officers smell alcohol on a drivers breath? Does he need to caution straight away?

Answer 3

No, the just the fact that an officer smells alcohol on the driver’s breath is not enough to activate suspicion that he has committed the offence of drink driving. The other can ask a question to ascertain if the person was driving (if not obvious) and administer the preliminary breath test which will then give the officer suspicion

Question 4

At what part must the caution be administered

Answer 4

Once a suspicion arises the cautioning must take place before any questions are put to the suspect.

Question 5

When can an officer pose questions without cautioning?

Answer 5

To establish identity, ownership of a vehicle.

To furtherance an effective and search - ie determine the need to search to seek co-operation in carrying out the search.

To seek verification of a written record in relation to an unsolicited comment.

Question 6

Can an officer ask whats in the package without caution?

Answer 6

Yes - Generic questioning to determine the need for a search

Question 7

Can an officer ask is there ecstasy tablets in there? without caution.

Answer 7

No - specific leading question

Question 8

What must you do to administer the caution

Answer 8

A person must be advised as soon as practicable that they are under arrest and then the officer must administer the caution unless it is impracticable to do so (behaviour/condition)

Question 9

is it permissible to deviate from the caution

Answer 9

yes - minor deviations are acceptable

Question 10

What four steps must you take after resuming an interview

Answer 10

1. remind the person they are still under caution / re-caution
2. summarise the reason for the break
3. confirm with the suspect the reason for the break
4. remind the person the right to free and independent legal advice.

Question 11

can you caution a juvenile / mentally vulnerable person?

Answer 11

yes provided you administer the caution in front of an appropriate adult

Question 12

Can you administer a special warning to a juvenile or mentally vulnerable person?

Answer 12

No - unless an appropriate adult is present.

Question 13

where should a record of caution be made?

Answer 13

In the interview record or an officers pocket notebook.

Question 14

When can an unsolicited comment be made?

Answer 14

This is made by a person of their own free will at the point before they are suspectedt and before they have been cautioned.

Question 15

What 4 steps must be taken to make an unsolicited comment be admissible

Answer 15

1. make a written record of the comment.
2. time and sign the comment.
3. where practicable give the suspect opporunity to read the record and sign or indicate that they consider it to be inaccurate.
4. if the suspect refuses to sign the officer must record the refusal.

Question 16

When must the endorsement take place

Answer 16

good practice straight away - However stated case it is not required to happen immediatley and there is no time limit.

Question 17

What are the 4 adverse inferences?

Answer 17

34 fails to mention something in an interview they use as a defence which could have been reasonably mentioned at the time.

35 fails to take the stand at court or answers selectively whilst on the stand.

36 Fails to account for the presence of a mark or an object

37 Fails to account for their presence at a place at or about the time of the commision of the offence.

Question 18

What will happen to suspects who have been declined their right to legal advice?

Answer 18

Then it will not be possible to draw an adverse inference.

Question 19

What action must be taken to then draw an inference at court?

Answer 19

A note must be made of the questions the suspect failed to answer.

The suspect must be given an opportunity to obtain legal advice.

Those questions should be asked again under the normal caution.

Question 20

Does the accused have to take the stand at court?

Answer 20

No

Question 21

What are the two circumstances where it was deemed a solicitor was reasonable advising silence (ie no inference can be drawn)

Answer 21

The questions directed were so complex towards the matters that took place that no immediate response was feasible.

That the matters questioned about took place so long ago, then the suspect could not be expected to immediately recollect the,.

Question 22

What must be disclosed to a solicitor in order

Answer 22

Only the custody record must be disclosed.

Question 23

Is it possible to drawn an adverse inference if there has not been full disclosure?

Answer 23

Yes - It is not necessary for there to be full disclsoure.

Question 24

When can a solicitor reasonably advise silence based on disclosure.

Answer 24

When there has been so little disclosure that the solicitor is unable to advise the client.

Question 25

Therefore if giving partial disclosure what must it be.

Answer 25

The officer must provide adequate information to enable the suspect to understand the significance of the fact.

Question 26

Can a suspect use the defence to saying silent as they were just following the solicitors advice?

Answer 26

No

Question 27

Can a section 36 special warning be given in a voluntary interview?

Answer 27

No - Special warnings can only be given under arrest.

Question 28

Can a person be an object in a special warning?

Answer 28

Yes it has been used in kidnap / false imprisonment/child abduction and murder.

Question 29

Whats specific about the arresting officer in section 37 special warning.

Answer 29

The arresting officer must be the person who found the suspect at the place, at or about the time of the commision of the offence.

Question 30

Can inferences alone prove guilt?

Answer 30

Nope - The burden of proof is on the prosecution.

Question 31

What are the three ways interviews can take place

Answer 31

1. video, 2. audio, 3 written.

Question 32

Can a video interview for a summary offence take place.

Answer 32

Yep discretionary power (code F Note 3A) However a video interview is normally for an indictable of either way offence.

Question 33

What are the three situations where a audio record interview must take place?

Answer 33

1. Indictable of either way offence 2. When further questions are put to a suspect after charge]3. When after charge officer draws attention to written statements or contents of an interview with another suspect.

Question 34

So can you record a summary only interview

Answer 34

Yes - Discretionary power / You don't need to though.

Question 35

Who makes a decision about what type of interview; video / audio / written must take place.

Answer 35

The custody officer.

Question 36

What is the rest period for a detained individual

Answer 36

A person must have at least 8 hours free from questioning, travel, interruption during a 24 hour period.

Question 37

When does the rest period start if someone attended voluntarily and was then arrested.

Answer 37

At the time of arrest.

Question 38

When is it permissible to not state your name and rank before interview.

Answer 38

Terrorism offences Or recording officer reasonably believes that disclosing their name may place them in danger (note not family) (note no specific threat needs to have been made against that particular officer)

Question 39

What should happen if the interviewing officer does not want to give his name.

Answer 39

If justified they should consult with the inspector (although it does not need to be authorsed) Sit with their back to the video camera Provide their warrant number The reason for the interviewing officer not revealing their name shall be recorded in the custody record or PNB

Question 40

If a written record of interview has been maintained what should happen at the end of the interview?

Answer 40

The written record must be timed and signed by the maker. Unless it is not practicable to do so the interviewee must be given an opportunity to read an sign the record. If the suspect refused to read record and sign then the senior interviewer present shall read it to them an ask them whether they would like to sign it as correct or indicate how they consider it to be inaccurate.