The Significance of Identifying Precipitators during a Criminal Investigation Some interviews are free-flowing and spontaneous. Because the person being interviewed in these situations is generally telling the truth, the investigator does not have to carefully structure an interview strategy. However, when interviewing a person who is motivated to lie to the investigator, the interview should not be haphazard or spontaneous.
Seven Codes of Practice have been adopted under this Act, including Code C - Requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody, and Code E - Revised code of practice on audio recording interviews with suspects.
There is no express legal requirement that a person suspected of having committed an offence must be interviewed under caution before any decision as to whether to prosecute is taken.
However, investigators do have a duty to allow a suspect the opportunity to answer the allegations against them and give their own account before a decision on prosecution is made. An interview under caution may provide: Therefore, you need to consider throughout an investigation whether you need to conduct an interview under caution.
In particular, when you reach the end of your investigation, you need to consider whether you have sufficient evidence to make a decision. If not, you should invite the suspect to an interview under caution if that interview could provide the additional evidence you need.
If you do not require further evidence, you can provide them with the opportunity to respond to the case against them by seeking representations in writing. Once a person has been charged served with a summons or informed that they will be prosecuted, you should not question them further in relation to the offence, unless such questions are absolutely necessary: Before any such questions are put to a person, they should be cautioned again.
They should also be reminded that they have a right to seek legal advice 5. When setting up an interview under caution, a letter should be sent inviting the person, or an authorised representative in the case of a company see belowto attend an interview under caution at an HSE office.
You should usually offer two alternative dates, and in addition give the suspect the option of suggesting a further date. If a suspect declines the opportunity to attend or you do not conduct an interview under caution for any other reason, you will not be able to verbally ask the suspect for their representations.
A suspect is not obliged to accept your invitation and may therefore refuse to attend. If you receive no response to your invitation, i you should write to the suspect again, pointing out that you have not received a response and that you are concluding that they do not wish to attend for an interview.
You should make sure you have the correct address.
If absolutely necessary, you can telephone the suspect to check their address only. In the event that a body corporate e. It sometimes happens that a company or other body corporate that is invited to nominate a representative to attend an interview under caution nominates a person who you suspect may have committed an offence in their individual capacity e.
If the company cannot nominate a different person e. The order in which the interviews are conducted will depend on the circumstances of the investigation.
Where two interviews are to take place, it may be possible to conduct both interviews on the same day for the convenience of all concerned, but this may not be possible in more complex cases.
|JOHN E. REID & ASSOCIATES, INC.||Actions required Representations can be made orally or in writing at any time while a suspect is in police detention or at charge.|
|Working with suspects||Spouse or common law relationship alibi Not eliminated.|
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Where both interviews are being conducted on the same day, it should be absolutely clear that you are conducting two separate interviews. You should make it completely clear, when cautioning at the start of each interview, in what capacity the person is being interviewed. Interviewing a partnership or individual partners You should make it completely clear, when cautioning at the start of each interview in what capacity the person is being interviewed.
When there are grounds to suspect that a person has committed an offence, you must caution them before any questions about it are put to them to ensure that the answers or any failure to answer are capable of being admissible in evidence in a prosecution. If you put further questions to a person at a later time you must caution again.
A caution is not necessary when you are asking questions for other purposes for example, solely to establish someone's identity or their ownership of a certain vehicle.
You must then immediately issue a caution and comply with the other relevant provisions of Code C. The caution must be in the following terms: 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. You should ensure that the person understands the caution. You should be prepared to explain what the caution means if the suspect is unclear.
At the same time as the caution, you should say that the person is not under arrest or obliged to remain, and may obtain legal advice.
An "interview" is defined by Code C 9 as the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences.
Such an interview must always be carried out under caution. Therefore, whenever you caution someone and question them about their involvement in an offence, you are conducting an interview under caution within the meaning of Code C.
This is explained to the suspect by the caution. Evidence obtained during the interview can only be used against the person being questioned; it cannot be used in evidence against another person for example, a co-defendantalthough it may suggest additional lines of enquiry.
You should note that an informal discussion can be an "interview" within the meaning of Code C Investigative Interviewing: Strategies and Techniques Christopher D. Hoffman, CPO (Cand.) suspects.
The investigator should ask open-ended questions in an attempt to elicit as much information as possible. The interview subject should do most (75%) of the talking during the.
Aug 19, · How to Interview a Suspect. The successful interrogation of a suspect is mostly about psychology and quick thinking. You shouldn't try to interrogate anyone if you lose your nerve or have a prejudice as to the innocence of the person. Be calm and try to find the truth, not to prove you're right in your suspicions%().
Consequently, the interviews and interrogations of child suspects should be conducted by investigators trained in that area of expertise with the admonition that an uncorroborated confession, especially by a juvenile, is likely to be suppressed.
- who should be present during the interview - where and when the interview should take place (e.g. is the suspect in prison?) - the interview's pace, likely duration and need for breaks.
• Examine the interview room and arrange seating (usually in the ten to two position). • Check equipment. Sep 30, · Effective interviews with suspects often lead to confessions. By Rich Kinsey Policing is a very social profession.
From the officers' first day on the force to their last, they will speak to many people in the course of their career.
One of the most important skills an officer can develop is the art of interviewing. True or false: The walls of the interview room should have paintings or photographs that the suspect might find interesting or soothing.
False True or false: There is a national trend toward electronic recording of interview and interrogations.