Investigative Interviewing Flashcards
What is Section 22 of the BORA 1990?
Liberty of the Person
Everyone has the right not to be arbitrarily arrested or detained
What is Section 23 of the BORA 1990?
Rights of person arrested or detained
See page 3
What is section 24 of the BORA 1990?
Rights of person charged
See page 3
Guideline 1 of the practice note
A member of the police investigating an offence may ask questions of any person from who it is thought useful information may be obtained, whether or not that person is a suspect, but may not suggest it is compulsory for them to answer
Guideline 2 of the practice note
Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever a member of police seeks to question a person in custody, the person must be given the caution / rights before being invited to make a statement or answer questions.
When is a person in custody?
When they have been arrested or detained
If a person has been arrested arbitrarily, are they in custody?
Yes / no
Yes
What is arbitrary detention?
Not lawful, without lawful authority, based on random choice
If the suspect is not under arrest and not detained, but he does not believe he is free to leave (based on police conduct)
Is this arbitrary detention?
Yes / No
Yes
Do you have to tell the suspect what they are being interviewed about?
Yes
Can you withhold from the suspect (during an interview) the charge they may face?
No
What are the consequences of not recording what a suspect said (after BOR)
if you want to then use this admission as evidence?
The evidence may be held inadmissible or be given very little evidential weight
does idle chat with a suspect need to be recorded?
No
However - best to record the fact that other topics were discussed with the suspect
Guideline 3
Questions of a person in custody or in respect of whom there is sufficient evidence to file a charge must not amount to cross examination
What is the consequence of excessive or oppressive cross examining in an interview?
Exclusion of the interview in court
What is the difference between persistent questioning and cross examination?
Persistent questioning aims to establish further facts from answers already given.
A suspect can be challenged if their account is not consistent with facts obtained during the course of an enquiry.
Guideline 4
Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained
Guideline 5
Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should preferably be recorded by video recording unless that is impracticable or unless the person declined to be recorded by video.
When the statement is not recorded by video, it must be recorded permanently on audio tape or in writing.
The person making the statement must be given an opportunity to review the tape or written statement.
Must be given an opportunity to correct any errors or add anything further.
Where the statement is recorded in writing, the person must be asked if he or she wishes to confirm the written record as correct by signing it
Define statement
- A spoken or written assertion by a person or
- non- verbal conduct of a person that is intended by that person as an assertion of any matter
True or false:
I don’t need to repeat the BOR after a lengthy break in an interview, as long as it is within the same day
false:
Caution/rights should be repeated after a lengthy break in the interview
True or false
You can bribe a suspect /enter into a deal with them
e.g.
“If you tell me what you did, your girlfriend wont be charged”
false
Fill in the gap:
_______ means a statement that is
- made by a person who is or becomes party to the proceeding
- adverse to the person’s interest in the outcome of the proceeding
Admission
________ statement means a statement that:
- was made by a person other than a witness and
- is offered in evidence at the proceeding to prove the truth of its contents
hearsay
True or false:
The Chief Justice practice Note is a strict rule of law
false
