Each false account should be treated as a separate objective. Case law Considerable case law has developed which refines the legislation and provides an interpretation for investigators, eg, six conditions.
Six conditions There are six conditions which must be met when showing adverse inference. They can choose to do so in person or by telephone. This will allow the suspect to focus attention on one particular area at a time and not become confused or give inconsistent answers because of major shifts in questions from one topical area to another.
Audio-recorded interview under caution I don't get paid to judge people as being good or bad and I don't have any authority over what happens to the people I talk to. There are numerous cases of juveniles who have falsely confessed with their parents present during questioning.
Investigators must also make sure they know all the elements of the crime the person is being accused of so that during the course of the interview, all of the elements can be established if the suspect is making a statement. Interviews with suspects should therefore always be audio recorded.
While the questions asked during any interview will be unique to the particular suspect and issue under investigation, the following guidelines can be used to help organize those questions and also provide a logical flow to the interview.
Richardson v CC West Midlands Police A teacher, who had been arrested and detained after voluntarily attending a police station following allegations that he had assaulted a pupil, was awarded damages for false imprisonment. If the company cannot nominate a different person e.
A conversation will constitute an interview if a suspect is being asked to incriminate himself If you do this you should tell the suspect and explain your reasons for doing so. In general, courts have not established steadfast rules regulating the admissibility of confessions offered by children.
We are in the process of talking to other people and waiting to get results back on some forensic evidence and it may be necessary for me to talk to you again.
If a suspected person makes unsolicited comments outside the context of an interview but which might be relevant to the offence, you should make a written record of the comments.
Where a person has been interviewed under caution, a written record of the interview should be provided to them if they are prosecuted.
Before the start of the interview, it is advisable to ensure that all persons present have switched off mobile telephones, pagers etc to avoid interruptions.
They can choose to do so in person or by telephone. An inference can also be drawn when a defendant is silent on charge s 34 1 b.
One of the most important skills an officer can develop is the art of interviewing. For this reason a confrontational interrogation may be used with this age group involving some active persuasion.
It should include the names of the officers monitoring the interview and the purpose of the monitoring, ie, for training or to assist with the investigation. Audio-recorded interview under caution Where both interviews are being conducted on the same day, it should be absolutely clear that you are conducting two separate interviews.
The interviewee should be asked to give their full name, address, date of birth and, where the suspect is an individual, National Insurance number as these details will be required if legal proceedings are subsequently initiated.
The purpose of audio recording an interview under caution is to ensure that the most accurate record possible can easily be made. If the investigator is vague in his questions such as, "Jerry, did you do something wrong with Linda last Saturday.
They should also be reminded that they have a right to seek legal advice 5. You should make it clear when you re-start that the suspect is still under caution and, if there is any doubt, you should give the caution again. The belief that, as a juvenile, the worse thing that might happen to them is supervision or probation offers an incentive to fight the system and force the government to prove its case, i.
You must not indicate, except in answer to a direct question from the person being interviewed, what action HSE will take against them if they answer questions or refuse to do so The ability to review such a permanent record is integral to the subsequent assessment of the juvenile, his or her comprehension of the Miranda warnings, and the nature, setting and circumstances of the interrogation.
If you do not require further evidence, you can provide them with the opportunity to respond to the case against them by seeking representations in writing. The practical problem is not so much whether to continue questioning when no responses are being given, but how to do in an effective and acceptable way.
The following questions are designed to assess the suspect's confidence during the interview: I understand that I do not have to say anything but that it may harm my defence if I do not mention when questioned something which I later rely on in court.
Written statements under caution 34 Under this circumstance, the investigator should return to the interview room and say something like the following, "Tom I've covered everything I need to cover with you.
Working with suspects The identification of suspects, the trace/interview/eliminate (TIE) strategy and the arrest strategy are explored in this module.
In terms of the arrest strategy, considerations around timings, background checks, searches, planning, pre-arrest briefings and post-arrest issues are included. While some suspects make incriminating admissions or even confess during an interview, obtaining a confession should not be the primary goal of an interview.
Rather, an interview is. - where and when the interview should take place (e.g. is the suspect in prison?) - the interview's pace, likely duration and need for breaks. • Examine the interview room and arrange seating (usually in the ten to two position).
The investigator should not stand over the suspect or walk around the room behind the suspect while conducting the interview. More than one investigator in the room with the suspect can be construed as being oppressive and should be avoided.
At the beginning of the interview, having first cautioned the suspect, you should put to them any significant statement(s) or silence(s) which occurred in your presence or of any other interviewing inspector before the interview and which have not been put before the suspect in a previous interview.
TV is the worst place to see what a real suspect interview is like. I & I is NOT like what you see on TV. You are never harsh to a suspect.
You never browbeat a suspect. You suspect. Nothing should be hanging on the walls. Outside noises should be kept to a minimum. In short, you are looking for a place with no distractions.
You want nothing.The interviewing of suspects should be