Karteikarten
police interviews
Karten in diesem Stapel (6)
- 1police interviewsall interviews must be tape recorded and some are video recorded
suspects have the right to a solicitor
but if the suspect doesn't ask, the police may begin without one
if the matter is urgent, the police have the power to to start questioning before a solicitor arrives
should take place in interview rooms, which are heated, well lit and ventilated
they must be offered a seat, code C points out that they shall not be required to stand
there must be breaks-every two hours - 2tape recordingtwo copies are made, one is the master copy which is sealed, the other is a working copy which can be checked by the suspect or his lawyers. they must start by recording the time and who is present at the interview. at the end, they must state the time
- 3appropriate adultif the suspect is under the age of 17 or is mentally disordered or mentally vulnerable , then there must be an appropriate adult present during all interviews. this right is in addition to the right to legal advice
- 4R v Aspinall (1999)the defendant suffered from schizophrenia. the court of appeal ruled that he should have had an appropriate adult present when interviewed by the police . this was so, even though the defendant appeared to be able to understand the police questions. as no appropriate adult had been present the interview was not admissible as evidence
- 5right to silenceuntil the criminal justice and public order act 1994, defendants could refuse any questions without a conclusion being drawn. however the Govt. decided that this rule was allowing guilty people to go free.
ss 34-39 of the criminal justice and public order act 1994 allow inferences to be made even if the defendant has refused a question.
the defendant failure to mention crucial evidence can form part of the evidence against him.
this is not enough to prove the defendants guilt, there must be prosecution evidence as well - 6protection of suspectss 76 of PACE states that the court shall not allow statements which have been obtained through oppression to be used as evidence
code C also gives protection to suspects who are being questioned in regard to the physical conditions. e.g. the room must be well lit, heated and ventilated and suspects to be given breaks. it is monitored by the custody officer and, it includes lengths and times, people who are present, so breaches will be obvious. however research done by sanders and bridge suggest that about 10% of custody records are falsified
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- english legal system Karteikarten am police interviews , erstellt von veton_vishka am 07/05/2015.
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- veton_vishka
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