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Police Interviews
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Police Interviews
Rules relating to interviews
- Should take place at station
- Must be tape recorded + may be video'd.
- S. has right to sol unless R v Samuel applies but if S doesn't ask for one an interview can take place anyways.
- (R v Samuel) J. said any suspicion sol was involved in crime they may delay right to sol. MUST GET PERMISSION OFF AN SO.
- If matter is urgent + sol is delayed, interviewing takes place anyway.
- S. has right to have someone informed of arrest.
- This can be delayed if the SO thinks telling person will lead to interference/ harm to evidence
Interview room
- Only in a room adequately lit, heated and ventilated
- S. needs a seat
- Must be given breaks for meals and refreshments. Every 2 hours.
- Cannot interview for hours at a time over 2 hours.
Tape recording
- 2 copies; 1 to S.
- Start and end = must state time, who is present and times.
Appropriate adult.
- If >17/ mentally handicapped an "appropriate adult" should be present.
- R v ASPINALL C/a ruled when a schizophrenic was interviewed without an appropriate adult was indismissible even though he had understood Q's.
Right to silence
- Prior to 1994 a S. could remain silent without any adverse conclusion being drawn.
- Adverse= assuming G.
- Govt. felt rule was allowing to allow G people to go free so enacted (CJPOA)
- Pros. still need to prove case.
- Prior to 1994 a S. could remain silent without any adverse conclusion being drawn.
CJPOA
- when S. remains silent they are told J. may comment on that and use against them.
- Those detained still have the same rights as other detainees. > 96 hours= must be visited by a health care professional.
Terrorism case- Terrorism Act 2006
- Allows S. to be detained for longer periods with mag's permission/ senior judge permission.
- Those detained still have the same rights as other detained. > 96 hours = must be visited by a health care professional.
Oppression
- Defined as including torture, inhuman/degrading treatment + use of violence.
- CO MUST monitor treatment of S. but bear in mind CO works for police.
- Research shows 10% custody records are falsified.
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- Mind Map on Police Interviews, created by bethc1309 on 10/04/2013.
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- bethc1309
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