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1. Whether SUSP is to be cautioned once located:

the answer is YES (JACK should be cautioned first).

As soon as a Police officer has evidence which would afford reasonable grounds for suspecting that a person has committed an offence, he shall caution that person before putting to him any questions relating to the offence.

JACK‟s fingerprints found at the scene of crime is reasonable evidence suspecting that JACK has committed the crime.

Rule II Caution should be used in this circumstance.

2. SUSP refused Q&A – whether to put questions to SUSP and the rationale:

a refusal to answer any or particular questions need not stop them being asked provided this is not oppressive.

The record of what has been asked may be as important as the answers as it will show that a person had the opportunity to explain the matters at issue even if he declined to answer.

3. Exceptional cases – Q&A after charging and cautioning for so:

it is only in exceptional cases that questions relating to the offence should be put to the accused person after he has been charged or informed that he may be prosecuted.

Such questions may be put where they are necessary for the purpose of

preventing or minimizing harm or loss to some other person or to the public or for

clearing up an ambiguity in a previous answer or statement.

4. Direction 8: facilities for defence - a person who has made a statement under caution is entitled to a copy of such statement

Documentary actions to be taken – denying a copy of cautioned statement:

the reasons for this decision must be fully recorded,

either within detention records or the investigating officer’s notebook

effects/restrictions to further Police investigation if the person has been denied an earlier cautioned statement:

No further statements should be obtained and

No further interviews should be conducted with that person until a copy of the cautioned statement has been made available.

At what stage during the investigation should the refusal to supply a copy of his cautioned statement be discontinued: must not continue beyond the point where the person is formally charged

Circumstances – deny D’s entitlement:

hindrance is reasonably likely to be caused to the administration of justice.

5. Circumstances - the solicitor will not be allowed to communicate with AP:

unreasonable delay or hindrance is likely to be caused to the process of investigation or the administration of justice

if PIERRE states, in the presence of ONLY the requesting solicitor and

an independent officer not below the rank of Inspector, or

a Sergeant if an Inspector is not available,

that he does not wish to consult with the solicitor concerned

6. Statement taken in foreign language – necessity for English translation for court purpose: Yes

7. Direction 6 - guidelines for taking statements from different kinds of persons, e.g. foreign nationals, mentally handicapped and hearing impaired persons

Rank and circumstances – approval of statement-taking with handicapped persons w/o AA:

if an officer of the rank of Superintendent or above

considers that any delay in an interview of a person suspected to be suffering from a mental disorder will involve an immediate risk of harm to persons or serious damage to property,

then he/she may authorise a person’s interview in the absence of an appropriate adult.

The necessity of sign language interpreter for hearing impaired person:

a key witness of a non-serious crime case:

in cases where the person is a witness (i.e. not a suspect), it may suffice, and in fact may well be desirable in the first instance, for a friend or relative who normally communicates with the person to be present, both to put the person at ease as well as to interpret

a key witness of a serious crime case:

in serious cases, where the victims or witness’s account is particularly pertinent to the case, consideration should be given to having a Sign Language Interpreter present.

a suspect of a crime case:

in cases where the hearing impaired person is a suspect of the case, the presence of a Sign Language Interpreter is essential both to assist in questioning and recording any cautioned statement and additionally to testify as a witness at any subsequent court proceedings.

Mother language – French:

Language in which the interview should be conducted:

- the interview with PIERRE should be conducted PIERRE’s mother tongue (accept French),

- unless he chooses, or consents, to use another language in which he is obviously proficient.

Language of cautioned statement:

the language used by PIERRE (in making the statement or answering questions).

If statement in language other than French, need for English translation for court purposes: YES