Police Revision 2 Interviews

Physical (ie inappropriate place/time, noise)

Psychological (ie stereotyping, closed mindedness, rank/status
‘Horns’ effect - unable to do anything right even if behave week
‘Halo’ effect - unable to do anything wrong even if behave badly

Semantic (ie something that prevents words being understood - language barriers, jargon, colloquialisms, complex terms)

PEACE

Planning and preparation

Engage and explain

Account clarification and challenge

Closure

Evaluation

• Content

• Meaning (same words different meaning)

• Feeling (the way you say it)

Tell me
Explain to me
Describe to me

Precisely
In detail
Exactly

TED PIE

Entry stage (obtain as much info as possible pre interview / build rapport)

Process stage (balance between listening and recording to ensure you deal with emotions as well and info/be professional)

Exit stage (explain what happens next, give advice and offer further support)

DR AFIQI

1) - AIM (to obtain an accurate reliable account about matters under investigation /potentially open up furthering a of enquiry/ a basis for asking questions of suspect at a later date)
2) FAIRNESS (be fair when interviewing victims/witnesses/suspects - treat with consideration at all times)
3) INVESTIGATIVE MINDSET (test what is being said against what you already know/ be aware if false allegations and false confessions/ ensure all actions are PLAN / helps to develop grateful - what do no next.
4) QUESTIONING (ask wide ranging questions to obtain info to assist investigation)
5) IMPACT RECOGNITION (recognise the impact and early admission has on the CJS / still ask further questions to test the admission)
6) DUTY OF TRUTH (don’t have to accept 1st answer - continued questioning is not oppressive or unfair just because it is persistent)
7) RIGHT TO SILENCE (interviewee has right to remain silent but you still have a duty to continue to ask questions)

That evidence should not be confined to best evidence, that we need to account for ALL evidence and let the court decide how to use the evidence provided

Planning and preparation
Establishing a rapor
Listening skills
Questioning skills

‘Someone who the police would have to caution (under code c pace) if they want to interview them’

must have reasonable objective grounds for suspicion based on known facts or information relevant to the likelihood that the offence has been committed and that the person to be questioned committed it

‘The questioning of a person regarding their involvement or suspected involvement in a criminal offence, or offences which under paragraph 10.1 must be carried out under caution. Whenever a person is interviewed they must be told of the nature of the offence/further offences’

‘A significant statement and silence is one which appears capable of being used in evidence against the suspect, in particular a direct admission or a failure / refusal to answer a question, or answer it satisfactorily, which might give rise to an inference under the CJPO Act 1994.’

Code C 114a - PACE

Anytime before or during an interview

After being cautioned

S36 & S37 CJPO act 1994

A special warning can be issued when a suspect refuses or fails to account for:
S36- incriminating objects, marks or substances
S37- their presence in a certain place

• The offence you are investigating

• the facts you are asking them the account for

• that the facts lead you to believe that the suspect was involved in / commissioned the offence

• you must warn them that harcourt may draw inference from silence /refusal to account for the fact

• that a record is being made of he interview which will be given in evidence should the case go to court for trial

‘One who sees, knows or vouches for something’

‘A person harmed by a crime, tort, or other wrong’

Victims are also potential witnesses

Who

What

Where

When

Why

How

These are More limiting than open questions as they restrict the response.

Free recall (allows you to obtain an uninterrupted account)

Conversation management (allows you to gain greater control over the interview)

The clarification and challenge stage.

Someone 17 or under

Any person whose evidence quality is likely to be diminished due to mental disorder or a significant impairment of intelligence and social functioning

A physical disability and or a physical disorder (depending on nature of disability)

Who need to interview and when / what order (timing)
Your objectives…
-What info need to obtain
-What is already known about interviewee and..
-What needs to be established (ie age, educational background, physical and mental health, prev police contact, cultural background etc)
Legal requirements (code D pace)
Points to prove and defences
Practical arrangements (location, time, equipment needed)
What to brief to solicitor
What statements have I got already that I need to review and test

• Points to prove & possible defences

• All the questions you wish to ask at every stage of the crime / what has happened (when go out, lock door? Who you saw?, anything unusual, what happened when got home, when call police, where suspect went, ADVOKATE)

Reason for interview

The importance of their contribution

Introduction of everyone present

How and by whom notes will be taken

Introduction of any exhibits

Indicate how long it will take

That they need to give a full account and not miss anything out

As much detail as possible

Systematically - description from the head down
What wearing
Physical features
Use ADVOKATE

1) Check appropriate to close - all questions covered? / obtained as much info as possible / covered all aims of interview?
2) summarise what has been covers - give opp for them to clarify / alter /add anything
3) deal with any questions they may have
4) explain what happens next / how to contact you / any info on victim support / court etc

To establish the truth

'The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences, which, under P.10.1 must be carried out under caution. Whenever a person is interviewed they must be informed of the nature of the offence, or further offence'

'Any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made on words or otherwise'

If obtained using oppression:
(Using an overly aggressive questioning style , using or greening violence, overlong silences, asking the same question over and over)

If you say/do something that makes it unreliable:
(I.e offering bail as incentive to confess, failing to caution where necessary, denying access to solicitor without grounds, failing to provide medical treatment)

If you do anything unfair in an interview:
(I.e inappropriate questioning, lack of professionalism, behaviour that is demeaning to the suspect)

1) when to interview, what info need to obtain, what order to interview in (if more than 1 person)
2) what is already known about the suspect and what needs to be established

3) legal requirements;
s34 pace - limitations on police detention
S41 pace - time limits on detention without charge
S42 pace - authorisation of continued detention
S43 pace - warrants of further detention
Code C pace - detention, treatment and questioning of persons by police officers
Code E pace - audio recording interviews

4) offences and points to prove 
(Know the p2p and consider possible defences), consider:
Mens rea (intent - why did it?)
Actus rea (actions - what they did?)
Modus operandi (method - how did it?) 

5) practical arrangements;
(Visit the scene pre interview, search premises, interview location, time required for interview, forms and equipment ready, exhibits ready if required)

6) pe interview disclosure and active defence:
Consider what to disclose /not disclose and why, how to justify actions if later asked in court

7) prepared statements prior to interview:
Solicitor can prepare a statement in behalf of suspect and present it to you pre interview.

8) consider statements post charge;
After a 'no comment' interview a suspect can still make a reply after they have been charged and cautioned

1) advise suspect the interview is recorded
2) state name and warrant number/rank of officers present
3) request those present To introduce selves
4) state place, time and date of interview
5) inform suspect of right to free legal advice
6) caution the suspect
7) explain they will be given a notice about what happens to the recording

If for example, at time of arrest/on way back to station the suspect says something relevant to his arrest (ie ' I didn't mean to do it') this is a significant statement and should be recorded immediately in PNB - the suspect can sign to say that they said it, or if they wont sign, then note this in your notebook)

LEAPS - communication model

Listen
Empathise
Ask
Paraphrase
Summarise

Vulnerable
-Intimidated
-Key (ie seen crime happen)
-Significant (ie see people running away from scene but not seen the crime itself)

• Hostile

• unreliable (any kind of witness can be unreliable)

• professional (dr, pathologist, fireman, teacher, Pc etc)

- alibi

1) To establish the facts and identify the truth

Identify Points to prove

Identify evidence

Identify all witnesses/victims/ suspects

Fill knowledge gaps

Identify possible defences

Develop a strategy

Prove or disprove involvement

Create new lines of enquiry

Location

Time

Mental state

Physical health

Types of questions

Approach

DR AFIQI

Duty of truth

right to silence

aim

fairness (act fairly)

investigative mindset

questions (ask a wide range of)

impact recognition

Preparation and planning - fail to

Prepare = Prepare To fail.

Establish rapor

Listening skills

Questioning skills

'Information that may be presented To a court or tribunal in order that it may decide some fact.'

As accurate and detailed as possible

Communication

Health and safety Of all concerned
What situation /location would be conducive to providing the best evidence
What is best for the interviewee
What is best for the Interviewer

Interview supporters
Interpreters
Medical advisors
Other relevant personnel

Order of interview if more than 1 person

Necessary to do now or are the more important priorities

Identify vulnerability of witnesses

Intimidated?

Special measures?

1) Explain reasons for the interview
2) The process /routine that will be followed
3) Outline of the interview

Interviews aim to establish facts for decision-making by collecting and recording a suspect’s account, testing its accuracy, and probing any discrepancies with witness or victim statements.

Witness and victim accounts of the incident

FLOPCASC

1) Facts (facts known about suspect ad what needs to be established)
2) legal requirements
3) offences and points to prove
4) pre interview briefing of solicitor
5) contribute - how interview may contribute to investigation
6) arrangements - practical
7) statements -prepared statements prior to interview and charge
8) considered statements post charge

To tell all without editing anything out

To tell it their own way

To give as much detail as possible

Not to fabricate or make up answers

To concentrate

Explain it in your own words

Code F pace

Obtain suspects own interrupted account (use open questions)

Expand and clarify their account (especially any inconsistencies or anything which is unclear)

Challenge the suspects account where necessary (time your challenge/ adopt a clarification seeking approach / ask for explanation of discrepancies)
Decide whether to use special warnings

Closure - bring to close when you have properly concluded no purpose to be served by continuing (ensure common understanding bout why has taken place/ verify all aspects sufficiently covered / explain what will happen next

To test whether closure is appropriate and consolidate the information provided in the interview

Advise you will summarise What has been covered and that this gives them an opportunity to confirm/alter/ clarify/ deny or add anything.

Closure provides an opportunity to re enter the engage and explain or the account clarification/challenge stage

1) Give the time the interview finishes
2) Give a notice to the upset regarding their right to a copy of the recording (code E)
3) Seal the master recording in the presence of the suspect (code E)

The information obtained

The whole investigation in light of the info obtained

Your performance

Legal reps

Appropriate adults

Medical advisors

Custody officer

Officers required for legal authorisations

Other relevant personnel

Intoxication (drugs/ alcohol)

Behaviour

Age

Mental ill health

Physical disorder

What is know
what is not known
Consistencies
Conflicts

Material to disclose
Material to withhold
Testing of evidence
Potential for conflict

It is your decision as to what is included and not included in the pre-interview briefing

The custody officer's

Before the interview, risk assess the room by removing any items left by previous users, such as pens or other objects, to ensure safety and security.

• Remind suspect of right to legal advice

• after cautioning, you should put to them any significant statement or silence that occurred before the interview - ask if they confirm/deny the statement or silence and if hey want to add anything

• if appropriate adult present - inform them they are not expected to act just as an observer, they should advise person being questioned, facilitate communication and ensure interview is conducted fairly

• Audio record and inform suspect of recording process

Aim - that the aim of investigative interviewing is to obtain accurate and reliable accounts from victims, witnesses and suspects about matters under police investigation

If using removable media, show the suspect the media is new and unused - remove the seal and unwrap in suspects presence.

Load recorder in sight of suspect and others present

Set it to record and state the interview is being recorded and recording has commenced

Tate the date, time, your name tank and station

Introduce other officers present- name/ranks /stations

State your location - interview room at x station

State who you are interviewing - ask suspect to state their name

No other persons present OR introduce who is also present (solicitor / appropriate adult)

Explain right to legal advice

Caution

Put to he suspect any significant statement / silence which occurred prior to the interview - do they confirm/deny it or wish to add anything?

Ask if they wish to add anything or clarify any points made

Give them the notice which explains entitlement to Copy of interview recording

Invite them to sign the notice

State the time and date that the interview is concluded

Turn off the recorder and seal In suspects presence

PNB

| Custody record

Recoding of taped interview

Recording of visual interview

The result of the interview and any evidence obtained so that they can determine if here is sufficient evidence to charge or insufficient evidence to continue he detention

Any further arrests or offences under investigation as a result of the interview

Any change if health / risk / anything that affects the prisoners welfare

Allegations made by the suspect

Complaints against police

Any other relevant information