Police Interviews

Police Interviews

1. 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

2. 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.

3. Tape recording

   • 2 copies; 1 to S.
   • Start and end = must state time, who is present and times.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.