Lecture 32 Conducting Investigations Peace Suspect Interviewing Flashcards
(32 cards)
The definition of Interviewing?
‘The putting of questions to a person regarding their involvement in a criminal offence, including giving an innocent explanation and asking questions to test if the account is accurate and reliable’…
What are the four core skills?
- Planning and preparation
- Rapport building
- Effective listening
- Effective questioning
What are the Seven Principles of Investigative Interviewing?
Principle 1: Accurate Reliable Account
Principle 2: Must act fairly Principle 3: Apply Investigative Mind-set
Principle 4: Wide range of questions allowed
Principle 5: Early Admission Value
Principle 6: Not bound to accept first answer
Principle 7: Must question even when silent
What is the PEACE model?
P: Planning and Preparation E: Engage and Explain A: Account clarification and challenge C: Closure E: Evaluate
What do you need to plan and prepare before an interview?
- Purpose of interview
- Location, room
- Structure, roles
- Appropriate adults, solicitor, interpreter
- Admin, pens, paper, forms, discs, maps etc.
- Time required, PACE clock, Status code
- Scene visit, required or not
- Exhibits, handling introduction, security
- Interviewer suitable for the task
- Review and assess ALL available information
- Points to prove
- Special warning required, if so when/how
- Questions / police agenda
- ‘Suspect Interview Plan – have a look through this document together with the following scenario.
The main areas to consider?
Mens Rea: The Intent
Actus Rea: The Act
Modus Operandi: The Method
What is the First Big Open Parameter Question?
To gather the suspects account of what they were doing just before, during, and after the period of the crime. This is known as the material time frame.
Material Time Frame that covers the offence.
For Example: “Take your time and tell me what you were doing between 9am this morning and 11am, which is the time you were arrested.”
What are the Suspects Options?
Options a Suspect has to the Material Time Frame question:
• Full, detailed admission
• No Comment
• Statutory defence
e.g S2 (1) (b) A person’s appropriation of property belonging to another is not to be regarded as dishonest if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it;
• Prepared statement
How would you make a written interview plan?
- Topics to cover
- Points to prove
- Defences to offence
- Introduction of exhibits
- Evidence which suggests committed offence
- Plans to handle evidence not previously known
What is SOFTENS?
- Seating position
- Open posture
- Forward lean
- Touch dynamics
- Eye contact
- Nodding and guggling
- Silences
Explain commencing the Interview?
- Formal process…
- Must contain the requisites of PACE…
- It should not be rushed…
- It should not be done ad hoc…
- Noncompliance could render your interview useless…
What is Account, Challenge and Clarify?
Conversation Management Model.. •Turns to speak – don’t interrupt •5WH - TEDPIE – types of questions •A conversation with a purpose •Know your roles, if you are working as part of a team
What to do if you get a talking suspect?
Hopefully, if we utilise the conversation management model you will get a talking suspect!
If you select a good open parameter question around the material time frame – and the suspect talks to us, offering up a detailed account – we need to capture it in topic boxes.
We then open – probe – summarise – link each topic box and extract all available detail.
We now ask what questions we have left around our police agenda.
The final part of the model is use comparing what we have been told by any victims and witnesses against what our suspect has told us. This is known as a ‘fair review’ or challenge
What to do with a prepared statement?
• Offered by the suspect, prepared in consultation with their legal representative
• Forms the suspect agenda – their account
• Needs to be treated as such
Options:
▪ Officer reads it out – then probes it as the suspects agenda
▪ Officer stops the interview to study the statement, then restart the interview, reading the statement out – treating it as the suspects agenda
▪ Legal representative or suspect read it out themselves.
Expect no further comment
Why would our suspect give us no account, fail to answer our questions at all or answer ‘no comment’?
- Perhaps on the advice of their legal representative – as we have not given them enough information or disclosure to give other advice.
- Perhaps the suspect has disclosed to the solicitor in consultation that they committed in the offence and are not making any comment other than implicate themselves.
- Perhaps the suspect has not requested legal advice but says ’no comment’ in an effort to frustrate you.
How can we prepare for a no comment interview?
- If we have planned and prepared our interview properly, if we get a no comment interview, we can go straight to our Police agenda and ask questions around our prepared topic boxes.
- Remember the wording of the middle part of the caution – we have tested the suspects understanding of the caution earlier. If we don’t ask questions around a potential matter they may rely on in court later, no inference can be drawn!
- If the suspect refuses or fails to account for some specific matters – further pressure can be applied by means of Special warning!
What is Special warnings?
Failure or refusal to account satisfactorily for certain facts…
•When a suspect fails or refuses to account satisfactorily for a given FACT during interview…
•Special Warning should be given in respect of that FACT and questions put…
•If there is more than one fact, there must be a special warning for each FACT…
•A set list of information which must be given is covered later
The legislation around special warnings?
- Sections 36 and 37 of the Criminal Justice and Public Order Act 1994
- Created to prevent “Ambush defences”
- Allows a proper inference to be directed and drawn at court.
Sec 36 requires that when a person is Arrested there must be?
i. On his person…
ii. In or on his clothing…
iii. Otherwise in his possession…
iv. In any place he was arrested…
ANY Object, Substance, Mark, Mark on object
Sec 37 requires that a person must be?
be found at a place, AT or ABOUT the time of offence for which arrested
The Arresting Officer MUST be the officer finding the person.
The Provisos for a special warning?
Investigating officer must have Reasonable Grounds to Believe Object, Substance, Mark, Mark on object, Presence at that place, at that time, May be as a result of suspects participation in the offence.
Give an example of Section 37 wording for a burglary?
- I am investigating a burglary at 13, Kingswood Avenue.
- I have asked you to account for being at or near the address at the material time.
- I believe you were there due to your involvement in this burglary – that you entered the property and stole the purse.
- A court may draw what’s known as an inference – they will make up their own mind - about why you were there if you fail to tell me why you were there or give me any account.
- As explained at the beginning of the interview – this is all being recorded onto a disc and what is being said here today can be used in evidence in any future trial.
- Tyrone You were seen near to 13 Kingswood Ave by Pc ………………who went onto arrest you. Tell me why you were near 13 Kingswood Ave just after the burglary happened…
Give an example of Section 36 wording for a burglary?
- I am investigating an offence of burglary at 13, Kingswood Avenue.
- I have asked you to account for having the Radley purse, containing £100 in cash, identified By Mrs Marshall as being the items stolen during the burglary. The purse and money were in your coat pocket when you were searched following your arrest.
- I believe the purse and money were in your pocket due to you having entered the address as a trespasser and stolen the purse and contents, during the burglary.
- A court may draw what’s known as an inference – they will make up their own mind - about why you were there if you fail to tell me why you had the purse and money in your pocket or give me any account.
- As explained at the beginning of the interview – this is all being recorded onto a disc and what is being said here today can be used in evidence in any future trial.
- Tyrone –Tell me why you had the Radley purse and £100 cash, belonging to Mrs Marshall, in your pocket at the time of your arrest.
What are the benefits of giving a special warning?
- If you give a special warning and it is not appropriate – it can always be edited out of the interview.
- If you don’t give a special warning and it was appropriate – that pressure and potential tactical advantage is lost. So please give it some thought before going into interview during the planning and preparation phase - and prepare the wording in case it is needed.
