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26 Cards in this Set
- Front
- Back
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Victim Definition |
A person harmed by a crime, tort or other wrong |
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5 Principles of investigative mindset |
Planning and preparation Understanding the source of the material Examination of the account of the witness/victim Collation and recording Evaluation |
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Legislation, national guidelines regarding interviewing |
CPIA Criminal Procedure & Investigations Act 1996 Equality Act 2010 Human Rights Act 1998 PACE 1984 codes C & E PIP (Professionalising Investigation Programme) ACPO National Investigative Interviewing Strategy Health& Safety at Work Act 1974 Respect for Diversity |
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What is the PEACE model? |
An interview strategy/framework: Planning and preparation Engage and Explain Account, clarification and challenge (obtaining interviewer's account) Closure Evaluation |
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What is a suspect interview? |
The questioning of a person regarding their involvement or suspected involvement in committing a criminal offence. Interview must be carried out under Caution |
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Difference between an interview with a suspect and interview of a victim |
Suspect interview is carried out under Caution Interview is recorded |
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What is the role of an appropriate adult in a suspect interview? |
To assist communication between police and suspect To advise suspect To observe whether the interview is being conducted properly and fairly |
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What is the role of a solicitor in suspect interview? |
Give advice to their client To intervene in the interview process if they believe the interview to be oppressive |
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Why is it important to document evidence? |
To prevent loss of evidence To keep a log Do it can be used as evidence in court ABE Achieving Best Evidence So process is transparent So can prove process adheres to PLAN (Proportionate, lawful, accountable and Necessary) In order to give evidence of a suspect's behaviour |
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Interview Strategies |
PEACE Model Free recall Conversation management When planning, consider points to prove, possible defences, exhibits (stored in secure weapons tubes) |
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Considerations when interviewing vulnerable witness |
Appropriate adult needed if under 18 years old Interpreter if no English known |
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Types of witnesses |
Hostile/reluctant Significant Vulnerable Intimidated |
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What guidelines must suspect interviews comply with? |
PACE Codes of Practice C Location and environmental conditions for interview Timing of interview, how long Human Rights Act Welfare of suspect or anyone else present Environmental considerations, not too hot cold |
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What might go wrong in a suspect interview? |
Suspect may become violent, so keep recording equipment running so as to give as evidence of their behaviour. Call for assistance.
Their solicitor may obstruct the interview by answering for suspect or writing down answers, can be warned to stop and warn them that they may be removed if they persist. If they continue can be removed upon authority of superintendent.
They may feign illness or actually become ill, first aid, must call FME nurse or if necessary call ambulance and escort them to hospital.
No boiling hot drinks, feed them., Are they comfortable. If recording equipment breaks, get replacement or move room or revert to pen and paper. If suspect decides wants legal representation, stop interview and resume when legal person comes. If heating breaks move room. Other offences cone to light, arrest for those and question them. If they complain about you, may have to pause interview and let custody officer know. |
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What is procedure If need to interview suspect before going to the police station? |
Only in urgent situations, life is paramount. May need to use restricted caution. Restricted Caution used for interviewing anywhere other than in a police station. Any information given must be documented at the time or as soon as practicable Inspector needs to be informed ASAP in such cases. |
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3 main areas to consider during a suspect interview |
Mens rea, what was in suspect's mind, why did they commit the offence Actus reus , what did suspect actually do Modus operandi, how did suspect commit the crime |
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Points to prove for Robbery |
S8 Theft Act 1968
Robbery adds to the definition of theft the use of force or threat of force "A person is guilty of robbery if he steals andimmediately before orat the time of doing so,and in order to do so,he uses force on any person orputs orseeks to put any person in fear of being then and there subjected to force." Maximum life imprisonmentIndictable only, alternative verdict = theftAlternative charge = assault with intent to rob. |
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Points to prove for Burglary |
S9 1 a
Where a person: (a) Enters any building or part of a building as a trespasser with intent to commit theft, grievous bodily harm or unlawful damage, or
S9 1 b
b) Having entered a building as a trespasser steals or attempts to steal anything in the building or inflicts or attempts to inflict grievous bodily harm upon any person therein.
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Points to prove Aggravated Robbery |
S10 Theft Act 1968 Aggravated burglary. 10. (1) A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive WIFE |
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Restricted Caution |
Used when questioning suspect when not at police station and need to ask immediately. You do not have to say anything but anything you do say may be given in evidence. |
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Now Caution |
You do not have to say anything. But it may harm your defence if you do not mention NOW something which you later rely on in court. Anything you say may be given in evidence.
Suspect's last chance to have anything recorded about the offence. Can be used following interviews when charging detainee with an offence. |
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Restricted Caution |
Used after charging a suspect just before interview You do not have to say anything but anything you do say may be given in evidence. |
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When Caution |
Given to suspect at time of arrest + their entitlement to free legal advice. Also used at start of interview 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. |
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Primary Goals of police investigations |
Obtaining information Gathering Evidence Seeking the truth |
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Scenario |
Theft Act 1968 Assault, Offences Against The Person Act 1861 |
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Interview Strategy |
Interview plan Witness statements EAB Disclosure log Conversation management, open questions Free recall approach, uninterrupted account PEACE model ADVOKATE Interpreter needed? Appropriate adult required? Exhibits Defences Points to prove |
