CLP: Procedure for interviewing a suspect under PACE 1984:

Question 1

What is the definition of an interview according to Code of Practice (COP) C, para 11.1A?

Answer 1

The questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences.

Question 2

What are the key requirements for police interviews as per Code of Practice C?

Answer 2

Procedures must be followed to ensure the suspect is not coerced or misled.

Question 3

What is the wording of the police caution?

Answer 3

‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’

Question 4

When is a caution not necessary during police questioning?

Answer 4

When questions are asked to:
* Establish identity or ownership of a vehicle
* Obtain information per statutory requirement
* Conduct a proper search
* Verify comments made outside of an interview

Question 5

Where should a police interview be conducted?

Answer 5

At a police station or other authorized place of detention.

Question 6

What are the exceptions for conducting an interview outside of a police station?

Answer 6

If delay would likely:
* Interfere with or harm evidence
* Alert other suspects
* Hinder recovery of property

Question 7

What must be provided to the person being interviewed before the interview starts?

Answer 7

Sufficient information to understand the nature of the suspected offence and why they are suspected.

Question 8

What is a significant statement in the context of a police interview?

Answer 8

A statement capable of being used in evidence, especially a direct admission of guilt.

Question 9

What should no interviewing officer indicate during an interview?

Answer 9

What action the police will take if the suspect answers or refuses to answer questions.

Question 10

What is the requirement for recording police interviews?

Answer 10

All interviews must be contemporaneously recorded; audio recorded for indictable offences.

Question 11

What is the exception for recording interviews in writing?

Answer 11

For minor offences of a person not arrested and interviewed outside of a police station.

Question 12

Under what circumstances should a person not be interviewed?

Answer 12

If they cannot appreciate the significance of questions or understand what is happening due to drink, drugs, or illness.

Question 13

What must be reminded to a suspect before an interview at a police station?

Answer 13

Their right to legal advice.

Question 14

What could happen if the interview procedures are not followed?

Answer 14

The court may view the interview as unlawful, leading to exclusion of evidence.

Question 15

What sections of PACE 1984 relate to the admissibility of confession evidence?

Answer 15

s.76 (admissibility of confession evidence) and s.78 (exclusion of evidence).