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Flashcards

INTERVIEWS

Isa - NIE Inglês 21 flashcards

Flashcards do conjunto (21)

  1. 1What is an INTERVIEW? At what point should someone be interviewed?In legal terms, an interview is the questioning of a person regarding their involvement, or suspected involvement, in a criminal offence.
    When suspicion arises of involvement in offene
  2. 2When is a CAUTION NOT NECESSARY?To establish IDENTITY or ownership of vehicle
    In conduct of search
    To seek verification of a written record in relation to an unsolicited comment
  3. 3Imagine a scenario where a car is stopped and a non-descript package is seen on the passenger seat. Should the driver be cautioned?No if just a random stop. But if prior intelligence or info about vehicle or driver then yes
  4. 4What is that STANDARD CAUTIONYou 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
  5. 5What is the modified caution? WHat is the difference with standard caution?You do not have to say anything but anything you do say may be given in evidence
    Modified caution is used when adverse inferences can't be drawn. e.g. interviewing without a solicitor, incommunicado delay to legal advice
  6. 6Once AA shows up in case of a JUVENILE/VULNERABLE person being questioned, must the caution be repeated?Caution must be repeated the proper way on arrival
  7. 7If someone is interviewed but not under arrest, must a caution be given?Y. but remind them that they are not under arrest and are free to leave if they wish
  8. 8What is an unsolicited comment? ARe these admissible?comments that implicate an individual and are made prior to them being suspected of the commission of an offence.
    Y admissible if WRITTEN RECORD TAKEN, TIMED AND SIGNED, GIVE OPP TO SUS TO SIGN
  9. 9WHat is a significant statement?Made voluntarily in relation to offence, capable of being sed as evidence against suspect.
  10. 10REST PERIODS How long can detainee rest for free from disruption? When can this be delayed?8HRS
    A risk of harm to people o Otherwise prejudice the outcome of the investigation o An unnecessary delay in the suspect’s detention o Serious loss or damage to property
  11. 11Can police officers act as interpreters in interviews? Can an urgent interview override need for an interpreter? WHat about an AA?No
    Yes for both
  12. 12Must a significant statement be put to detinee during interview?Yes
  13. 13How long are meal breaks? How often should refreshment breaks be offered in interview?45 mins atleast
    2hr intervals and atleast 15min long
  14. 14Can rights to breaks be delayed?Yes if
    PEAR
    people will be harmed
    evidence lost
    alert others
    recovery of property
  15. 15Who can delay rights in interview? rights to sol rights to interp rights to aaALWAYS SUPER
  16. 16If suspect leaves INTERVIEW room during break, what must be done to recording equipment? What if paused and all remain in same room?Recording equipment removed
    If just a break in the same room, same discs can be used etc and caution to be given in full again
  17. 17Can a suspect provide a written statement?Not a common but can be done if expressed if interview has already been recorded. But shouldn't be prompted
  18. 18POST CHARGE INTERVIEWS If sus has been charged should they be interviewed again? What are the exceptions? What caution to be used?Necessary to prevent harm to someone else
    To clear up ambiguity in previous statement or answer
    To comment on new information that has come to light post-charge
    MODIFIED
  19. 19Can interviews be conducted on school premises? What are the exceptions?No
    AA would be principal or other arrangement who agrees
  20. 20SPECIAL WARNING S36Under section 36, the relevant thing (object, substance, mark, or marks on an object) must be either on their person, in or on their clothing or footwear, in their possession, or in any place where they are at the time of their arrest
  21. 21SPECIAL WARNING S37a person who is found by a constable (not a member of the public) at a place at or about the time of a commission of an offence, and they are arrested by that officer, a special warning may be administered.
    The interviewing constable (who does not need to be the arresting officer) must reasonably believe that the presence of the suspect at the place at or about the time of the offence is due to their involvement and the special warning as outlined above must again be delivered.

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NIE (POLICE POWERS) FlashCards sobre INTERVIEWS, criado por Isa - em 28-02-2020.
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