The Cognitive Interview

The Cognitive Interview

1. Police and Criminal Evidence Act (1987) PACE.

   • Before this there were no guidelines or rules for police interviewing.
   • Irving (1990) would use manipulating tactics and lying before this was introduced.
   • Codes of practice = detection, treatment and questioning of persons by police officers.
   • Before interview: reminded of free legal advice, asked to confirm or deny statements and interviewer can't use oppression. Interview must cease when relevant information and questions asked/taken in to account.
   • Interview records: written at time of interview or as soon as possible, must be timed and signed and interviewee should be given opportunity to read the report.
   • Juveniles, mentally disordered and mentally unstable: must be accompanied by appropriate adult who must advise them and facilitate communication.
   • Interviews in police stations: in 24 hours must be 8 hours of continuous rest, detainee must be fit to be interviewed, short breaks at two hour intervals and they can refuse to answer but don't need to consent to be interviewed,
   • If haven't been arrested then can leave at any time.
   • Custody: can hold for 24 hours without charge, 36-96 if suspected of serious crime and up to 14 days if under terrorism act.
   • Interpreters: deaf/non-english people, time to answer and not a police officer when gaining legal advice.

2. PEACE: national model for interviewing practice (1992).

   • Developed by home office and association of chief police officers.
   • Improve standards and information gained from interviews. Used for both witnesses and suspects. Not mandatory but if not used can appeal this in court.
   • P = preparation and planning. Content and style of questions, where interview will take place and details of interview.
   • E = engage and explain. Interviewee is comfortable and need to explain purpose and routines.
   • A = account. Recollection of events without interruption and where interviewer clarifies and challenges. This is when the cognitive interview would happen.
   • C = closure. End interview and ask if anything else they want to add.
   • E = evaluate. Look at what has been learnt from the interview and fit in to any earlier information.
   • When gathering data apply ADVOKATE in witness interviews that was developed from R v Turnbull (1977). Must ask on all matters.
   • General support but insufficient time to prepare like this in investigations.

3. The cognitive interview: Geiselman & Fisher.

   • Because of the crucial role of witnesses and the little amount of information around the 1970s for witness interviewing and training, Geiselman and Fisher set to design procedure to enhance quality and quantity of evidence.
   • Geiselman et al (1985/87) successful technique should reliably increase accurate recall, confidence should be related to accuracy and it should have practical applied value.
   • Increase in accurate recall is the increase in correct responses without a disproportionate increase in errors.
   • Their approach reviewed cognitive literature, looked at forensic interviewing conditions, conducted experiments and reported results back to police and other professionals.