Suspect Flashcards
(25 cards)
Code F PACE
Code of visual recording with sound of interviews with suspects
Section 78 PACE
Exclusion of evidence on the ground of unfairness
Section 76 PACE
confession due to Oppression cannot be used as evidence
Define oppression
includes torture, inhumane or degrading treating, use of threat or violence
Unreliable interviews include these circumstances
Not given proper rest
Not cautioned at the start of the interview
Failed to make a proper record of interview
Appropriate adults when do you need one and who with?
vulnerable adults or children can be parent or guardian, or appropriate person if not available. Can not be a police staff member.
What is Primary evidence?
Fingerprints
What is secondary evidence?
DNA
What is Engage and explain, and how long will this roughly take?
The legalities before the interview and should take 6-9 minutes.
What is a Significant statement?
Before, during at the time of caution
What is an Unsolicited statement?
Similar to significant but after the significant statement time period, comes down to common sense.
What is a significant silence?
A significant silence is a failure to a refusal to answer a question or to answer it satisfactory when under caution
What five things do you have to do when an interview has been paused halfway and you come back into the room?
1) put the recording on , time and date
2) Introductions again (may have legal rep after but not start)
3) remind under caution, “ do you still want me to explain it in three parts or are you okay to carry on?
4) Can you just confirm I have not asked you any questions in the break, please?
5) FILA, Free and Independent Legal Advice
If you ask the question “can you confirm I have not asked you any questions in the break” and they deny this what do you do?
That is not true, there is CCTV in the whole of the custody suite. There is also an audio recording. Checked your health.
If you want to make a complaint and speak to the custody sergeant.
What is a prepared statement?
A document prepared during consultation between suspect and their legal adviser
What can’t you do when handed a prepared statement?
Do not ask the suspect questions about the compilation
Do not ask who wrote it
What should you ask when given a Prepared statement?
Is the statement to be read out
Ask if being read accurately
Ask if statement is to be retained or copy taken
What should you consider after reading a prepared statement?
stopping the interview stating why “We have not had sight of the prepared statement. We will now consider it, re-formulate our interview plan, and then re-convene the interview
6 points for Considered Prepared Statements
- Endorse the statement as having been served
- Sign and date it (person receiving it)
- Give interviewee or legal rep opportunity to sign a statement
- Statement then becomes an exhibit of interviewing officer
- Retain original and give copy back to the interviewee or legal rep
- Get the interviewee or legal rep to read a statement during the interview- (if they do not then you can as a last resort.)
- Treat it as a “significant statement”
- Read it and make inquiries as necessary.
what stage does a prepared statement need to be done?
At the significant statement stage
Pre interview briefing
I believe I have given you, sufficient information for you to advise your client accordingly. I wish to receive a full untainted account from your client during the interview.
What has to be disclosed?
- Custody record of all of it.
- First descriptions of the suspect (find on storm)
What is a special warning and when do you use it?
A warning for being found in a place, Objects, Marks, or substances.
You give this special warning only if they do not give a satisfactory account for one of these things. You bring it up at the challenge stage of the interview.
What is the DEAL Model for and what does it stand for?
To stop inappropriate and disruptive behavior in the interview. Description Explanation Action Required Likely consequence
