Procedure Flashcards
(9 cards)
what is the potential effect if COP is not complied with?
court may rule interview (inc. any confession) inadmissible
when should the interview not be carried out?
if S unable to appreciate significance or understand what is happening (i.e. drugs, illness)
exception to this is if it is urgent
when can S be interviewed without legal advice?
o S has declined (i.e. all advice or their solicitor cannot attend and they refuse duty)
o Right delayed under s58
o S wanted advice & changed their mind (inspector must ask reasons + reasonable + in writing and signed by S)
what is the position regarding breaks?
Break at meal times + refreshments every 2hrs.
Over 1 day = 8 hours of rest in 24hr period.
briefly, what are the interview stages?
- caution given
- S told about right to legal advice
- S asked about any significant statements
- substantive questioning
what cautions can be given and what are their effects?
standard - inferences can be drawn
if legal advice has been denied a different caution is given. Inferences cannot be drawn
caution should be given in the presence of AA (if applicable)
what happens in the significant statement stage?
S asked if any comments on significant statement/silence which occurred in the presence of police
if there is a significant statement/silence, what impact can this have on the trial?
o Statement = capable of being used as evidence against S
o Silence = failure/refusal to answer Qs satisfactorily under caution the court may draw inferences
o Failure to put statement/silence to S = may be inadmissible under s78
what can happen if the AA/solicitor’s behaviour becomes inappropriate during questioning?
o AA + solicitor can be removed if conduct means Qs cannot be put to S + superintendent or above agrees
o S allowed to consult with a new solicitor/AA unless urgent
